Hedges can provide privacy and can be an important feature of a garden. However, problems can arise when a hedge becomes too tall and starts to affect the enjoyment of a neighbouring property.
The law recognises that disputes about high hedges can be difficult for neighbours to resolve, and there is a formal complaints procedure available in certain circumstances.
Can I make my neighbour reduce the height of their hedge?
In the first instance, you should always try and speak to your neighbour about the issue and see whether an agreement can be reached.
It may be the case that your neighbour is not aware that the hedge is causing a problem or they may not realise how much it is affecting your home or garden.
If communication is poor or your neighbour is unwilling to reduce the height of the hedge, then there may be other routes available.
The Government introduced legislation under the Anti-social Behaviour Act 2003 to deal with high hedges and to avoid too many disputes being brought before the Court.
What is classed as a high hedge?
The legislation applies to certain types of hedges and there are requirements that must be met before a complaint can be made to the Local Authority.
The hedges must:
- consist of two or more mostly evergreen or semi-evergreen trees or shrubs;
- be over two metres tall;
- be growing on land owned or occupied by someone else; and
- be affecting the enjoyment of your home or garden because it is too tall.
The hedge must also be a barrier to light or access, even if there are some gaps.
A complaint cannot usually be made simply because a neighbour’s hedge is unattractive or because you would prefer it to be shorter.
What evidence do I need for a high hedge complaint?
If you are considering making a complaint, it is helpful to keep evidence showing the effect that the hedge is having on your property.
This could include photographs, details of how the hedge is affecting your garden or home and records of any conversations that you have had with your neighbour.
The Local Authority will usually expect you to have tried to resolve the matter directly with your neighbour before making a formal complaint.
What happens if I complain to the Council about my neighbour’s hedge?
Some Local Authorities can be very helpful in contacting neighbours and trying to resolve the issue.
However, if the Local Authority cannot assist, then you should seek legal advice as to whether there are other routes that you can use to try and resolve the dispute.
If a complaint is accepted, the Local Authority will consider the circumstances and decide what action, if any, should be taken.
This does not necessarily mean that the hedge will need to be removed. It may be the case that the hedge needs to be reduced in height or managed differently.
What if my neighbour ignores the hedge problem?
If your neighbour refuses to discuss the matter or does not take action, then it is important not to take matters into your own hands.
You should not enter your neighbour’s property or cut down the hedge without permission, as this could create further legal issues.
Instead, you should keep records of the problem and seek legal advice from a neighbour dispute solicitor about the options available.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
