The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. One issue that comes up frequently between neighbors is whether or not they are equally responsible for the costs, construction, and maintenance of a fence that sits on the boundary line between their properties. Even though we do our research well, we cannot and should not be held responsible for the accuracy of this webpage. The regulations do not apply to hedgerows within the curtilage of, or marking a boundary of the curtilage of, a dwelling house. Every piece of information here is meant for informational and educational purposes only. See our Care section for advice on how and when to trim your Leylandii hedge. Offering discounted services and providing special offer. It’s not only frustrating, but it ca, You’ve just been offered a long-awaited opportunity abroad that you can’t refuse, or you’ve decided to take the pl, In order to accommodate a larger group of employees or you simply need a change of scenery, the time has come to move of, Moving house is a daunting task that no one ever looks forward to. You cannot use this as a definitive legal basis. How to Clean Green Algae from Wooden Fences, It’s a Jungle Out There: How to Clear an Overgrown Garden. How much will it cost. But what happens when the fence gets in the way of an otherwise go, So you’ve decided to embark on a landscaping project but don’t know where to begin? However, the law does not give you a right to cut any part of the hedge on your neighbour's land. Generally, the domestic hedge trimming season is either Spring or Winter. There is the opinion to seek a works order under Section 45, Land Conveyancing, Law Reform Act 2009, to reduce the height of the trees. Then imagine your surveyor properly locates the boundary and you set up one of those rotating red lasers on the line. If an overgrown tree or hedge causes damage to your property, the owner may be liable for prosecution. Land and Environment Court Formal hedges, however, may need maintenance from 2 to 3 times. Streaky, muddy and dusty windows can often sig, We, humans, are prone to collecting and gathering items such as clothes, shoes, handbags, and accessories, which tend to, So you just got a new carpet or rug and spilled a cup of coffee on it? A Guide to Emergency Housing from the Council, A Guide to Energy Performance Certificates, Buying a House - A Guide to the Conveyancing Process for Buyers, Buying a Leasehold Flat - What you Need to Know. Whether you’re meditating, Worried about dents in your carpets and how to get rid of them? As such you should cut to your boundary line (if it straddles the boundary then to the middle line) and he should cut the rest. Can A Landlord Be Held Liable for A Tenant's Injuries? You can cut the hedge right back to your neighbour’s boundary. Why Does My Oven Keep Tripping the Electricity? The only home improvement newsletter you will ever need! If you are unable to arrange an amicable decision without the assistance of a third party, community mediation may be a suitable option for you. Contracts often refer to boundaries by reference to a hedge. B. The ownership of the boundary hedge itself is defined by where the main trunk is growing at. Also think about whether it's safe to cut back the roots. "The developer of the estate would be very grateful if you could help with completing a drainage easement required by Cornwall Highways in connection with the final section of road adoption under... How long must lawyers keep client correspondence? Maximum Height Allowed for a Garden Fence WITH Trellis? Try to restrict yourself from trimming hedges that have bird nests because it is an offence to do so. Can you and should you touch that? You do NOT have to cut your hedge on your neighbour’s side unless the growth is threatening to damage their property. Should you then return the trimmings to your n… Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. Before you start to cut the hedge, check there are no birds’ nests currently in use. Header image source: Shutterstock / By chanchai plongern. Theoretically, you shouldn't trim your neighbour's hedge for fear of doing criminal damage to his property. Having an unfriendly pest infest your home, Fantastic Services is in the spotlight. There are no height limits for either hedges or trees and there is no legislation currently available in the Republic of Ireland to enforce a height restriction. How Long Does it Take to Buy or Sell a House? And solving is what we pride ourselves in doing. Yet our trusty plumbing can allow u, Our homes are precious to us and spending time taking care of them can not only be aesthetically pleasing but also add v, Lawns can be absolutely exquisites feature of a garden, as they help bring peace and tranquillity to space. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. Buy a new home then sell the old one – or vice versa? Have some additional questions? Did you find the information useful? If it's on the boundary, you may need to split the cost. The current legislation on high hedges comes under Section 8 of the Anti-Social Behaviour Act (2003). Now, an application can be made to the Land and Environment Court for orders concerning a neighbour’s tree or trees that cause or are likely to cause harm, or trees that form high hedges obstructing sunlight or views. And therefore your neighbour can do the same if it’s your hedge. Hedgerows: Laws, rules and regulations Contents Q1: Can I trim, cut, lay or coppice a hedge at any time of year? A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Examples of the criteria used to define whether a hedge is important include t he number of species it contains or whether the hedge marks a parish or estate boundary. There is no minimum requirement for the amount of time that a person must have lived in the affected property before they can make a complaint. However, if your neighbour fails to address the complaint or disregards your concerns, you can ask you local council to become involved. If you become legally homeless, your council is obliged to help you. If you go further then this is technically a trespass. It is therefore important for tenants to check contracts prior to submitting any complaints. A complaint about overgrown trees and hedges can be made under the Anti-Social Behaviour Act 2003 by the owner or occupier of the property that is affected. Easily book trusted professionals for your home and garden, Transparent booking process. There must be at least two mostly evergreen or semi-evergreen trees or shrubs causing a concern, The tree or hedge must be over 2 metres tall. This is true, even if the tree or hedge is growing into your property boundaries. The Defra policy means any farmer of contractor caught cutting hedges during this period without a derogation could face penalties under cross-compliance rules – … CUTTING DOWN A TREE. Be mindful of maintaining good relations with your neighbours. Blocking other's light. SE1 2THWe're certified: Find a professional to take care of your property. Be the first to hear about our exclusive offers and discounts. What about some accidental blood stains that got on your, A dirty oven is, in some ways, like a basket full of unwashed clothing. What cam, Fantastic Services was created with the purpose of solving a problem. The offending greenery must have a substantial effect on your enjoyment of your home or garden because of its height. Who is Responsible for Cutting Boundary Hedges Between Neighbours? Is it illegal to cut the hedge between me and my neighbour? I have received the following from a developer who sold me the cottage in 2011, which should have been made clear to me at the time - hence the email below. Consumer Rights On Late and Non-Delivered Goods, Using CCTV for Home Security – What You Need to Know to Stay Legal, The Law on High Hedges, Trees and Overhanging Branches. Both you and your neighbour should be trimming each other’s respective side of the hedge. Oh bother. You are free to cut back roots or branches that are within your property’s boundaries. But our client’s deeds indicated that the hedge was the boundary between the properties. Important details to consider when on the market for a new home. The tree or hedge belongs to the person whose land it had originally grown in. But if this is not possible, it is important to recognise the legal standing of both neighbours. We have always arranged and overseen the hedge cutting (every 12 months as it grows 1-2 metres a yea … read more Going further may result in your neighbour taking you to court for property damage.Would You Be Happy To Hire Us For a Hedge Trim?Find a professional to take care of your property. You are the owner of the hedge if the trunk and roots are on your property. At night, with the laser spinning and marking the edge of the property, you climb into a bucket truck and cut all the branches at a … Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. Or, how to spend your time at home and maintain it in times of social distancing. This means that whether a landlord agrees or not, a tenant is eligible to make a formal complaint to the local council. Similarly, your neighbour can trim your hedge on … Share with your friends! You are allowed, by law, to prune the roots or branches of a hedge if it’s a nuisance and protruding into your garden. How long are lawyers and their law firms obliged to keep e-mails and bank statements relating to their client activities? Yet, unlike the smelly u basket, tucked away in, The windows in our home are a reflection of the property’s inner state. Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. Fantastic Services © 2021. The neighbour had thought that a fence which had been erected on our client's side of the hedge had been the boundary. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). For optimal results, we recommend booking our professional hedge trimming service. And with this in mind, it becomes clear that the responsibility for maintenance or damage caused by overgrowth lies with the owner. I need a letter on solicitors headed paper to say I have had advice about the transfer of deeds of my property. What charity events have we organised? In law, this is called "abatement". An owner of a hedge is responsible for it not damaging their neighbour’s property. How to ACTUALLY Stop Cats from Fouling in Your Garden for Good? When faced with electrical problems, our hair might start standing on its end because this is such a tricky area for tho, We might not think about this very often, but our homes can sometimes contain a host of potential dangers to the safety, Thinking about painting your home, a room or furniture as a way of rejuvenating them and freshening them up? “So whose hedge is that? These are illustrated by a number of' authorities. If you own the tree or hedge. To get started simply click the link below. We have been a landlord for 14 years and share a 120 metre boundary hedge with landlord Housing NZ. If the council agrees that there is a valid claim, they can contact the owner of the offending greenery to take action to rectify the situation. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. The main breeding season for nesting birds is officially set as between 1 March and 31 July, but for some species, it may extend to August. You are responsible for maintaining your hedge to avoid damages to your neighbour’s property. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. As with all neighbour disputes and concerns, the ideal way in which to initiate rectifying a problem is through amicable interactions. A hedge can be a beautiful way to define the boundaries of your property and provide a stunning backdrop for your garden. (a) The co-owner of a party hedge may remove it up to the limit of his property provided he builds a wall on this limit: Coûtume Reformée Article 668. Ideally, neighbours will be able to resolve such issues amicably and without third party intervention. The “high hedge” restriction A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. If you are unsure of what to do in a situation with your neighbour, you should always try to resolve matters informally first. Property owners frequently have questions about "boundary fences," which are fences built on or near a property line to designate your property from your neighbor's. What is the Minimum Legal Age of Employment in the UK? Washington Boundary Fence Laws. Regardless of ownership, no-one can trim or cut a hedge if the action damages active birds' nests, and hence violates the Wildlife and Countryside Act. The basic law that applies depends on the intended height of the tree or shrub. However, it is important to understand the legal position on hedges just in case any disputes arise. This would appear to give you the right to alleviate the nuisance caused by the encroachment of your neighbour's hedge onto your land, allowing you to trim back its branches to the point at which they each cross the boundary. But sometimes it’s unavoidable as a group of moths deci, Rodents are unhygienic and nobody wants them in their home as they set about leaving various forms of damage in their wa, Our homes are precious to us and are arguably our most treasured investments. It is absolutely not ok to trim your neighbour’s hedges: If you have to trespass in order to do so. In such case the centre line of the trunks or stems defines the legal boundary. Under the Rights of Light Act, if a window has received natural light for … Rather than seeking an injunction, however, California law usually allows property owners to remove branches and roots that enter or intrude onto … In relation to your neighbour's hedge, you can trim any branches which overhang into your land back to the midpoint line of the boundary. It is important to note that you are only legally entitled to trim up to the property boundary and no further. Hedges taller than 2m are subject to complaints. A hedgerow is not protected if it’s in, or marks the boundary of, a private garden. Property owners frequently have questions about "boundary fences," which are fences built on or near a property line to designate your property from your neighbor's. This is referred to as a ‘remedial notice', and if the contents of the notice are not acted upon, the owner of the tree or hedge may be liable to criminal prosecution. Under the rules of the Basic Payment Scheme, farmers must generally not cut or trim any hedge between 1 March and 31 August. Coming onto someone else’s private property in order to cut a hedge is against the law and your neighbour might press charges against you. If you own the tree or hedge. No hidden fees. Fence and Property Line Laws in Florida: Overview. Add a valid postcode e.g. The regulations do not apply to hedgerows within the curtilage of, or marking a boundary of the curtilage of, a dwelling house. Are unsure if you are the owner of the hedge; Are wondering who is responsible for maintaining it. Such overgrown hedges can be a nuisance, so if you think yours is causing the neighbours distress but don’t own the right tools to properly reduce it you can turn to a specialist and hire them for the desired hedge maintenance (link to our service page that will open in a new tab). You are allowed, by law, to prune the roots or branches of a hedge if it’s a nuisance and protruding into your garden. It is important to note that you are only legally entitled to trim up to the property boundary and no further. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work. Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. Furthermore, if the overgrown hedge or tree was already there before the occupier of the affected property began living at the address, a complaint can still be made. This can be a tricky endeavour a, Plants are the crown jewels of our gardens and they can enhance it in a way that only flowers can. Hedges that sit on boundary lines are owned by both households. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. Is it illegal to cut the hedge between me and my neighbour? Here’s who’s really responsible for cutting the hedges:The responsibility for boundary hedge cutting is shared. Servitudes imposed by law. LEFT OR RIGHT: Which Fence Side Is My Responsibility? Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Hedges in rural areas may be the subject of local conventions. If it is intended to grow below 2 metres in height then the minimum distance is 50 centimetres from the boundary. So, is there a clarifying law on trimming the boundary hedges and what does it say? However, your neighbour's hedge has no entitlement to occupy the air space above your land. Conveyancing is a notoriously complicated area and so a solicitor is imperative to ensure a successful and faultless... An Energy Performance Certificate (EPC) provides information on the usage of energy in a home or business premises. For more information, check out our privacy policy. … If you knowingly prune a tree or a bush that you’re aware shelters nesting birds, you are performing an offence. Failing to do this can mean you are guilty of illegally evicting your tenants.... Conveyancing is the legal term given for the process of buying and selling a property. See below to view the full document. Disputes do sometimes end in the local council, costing everyone involved a fair amount of money. There are other ways of extending a boundary’s height legally. This is a summary of what constitutes a high hedge under the law: The hedge is more than 2m (approx 6½ft) tall (there is extra guidance for hedge heights on slopes) A hedge is defined as a line of two or more trees or shrubs How to Paint Varnished Wood [Everything You Need to Know], turn to a specialist and hire them for the desired hedge maintenance. You are legally entitled to trim back hedges or branches of overgrown trees or hedges if they fall into your property from a neighbour's property or public area. Tenants might, however, have terms specified in their tenancy agreement to prevent them from making complaints prior to liaising with their landlord. For mediation to work, both neighbours must willingly agree to the undertaking. The preferred way to begin improving any situation is to discuss your concerns and observations with your neighbour and politely ask them to address any risks or problems. Property Line and Fence Laws in California. The mediator is an impartial and independent person who assumes the role of guiding you and your neighbour through controlled and polite discourse in the hope of reaching an agreeable outcome. Fantastic Services encourages you to seek authority professional counsel before you decide to act upon what you have read. You are permitted to trim back any branches or roots that encroach the boundary line onto your property, whether manually or by using a petrol or battery hedge trimmer; however if you cut back any further and go over the boundary line, legally you could be taken to court for damaging your neighbour’s property – so use your trimmer with care. And therefore your neighbour can do the same if it’s your hedge. For the council to acknowledge and support your complaint, the hedge or tree in dispute must meet all of the following: Do be aware that your local council may charge you a fee for intervening in a complaint on these grounds. If tall hedges or trees put your garden in the shade, you can cut off branches which overhang your boundary. Posting a question is completely free and we have qualified solicitors ready to help you. But they req, As the saying goes, good fences make good neighbours. A hedge planted on the legal boundary … Ideally, amicable discussions with a neighbour, or your neighbour's responsible observations, will prevent poorly maintained greenery from causing problems. Narrow your search down to a particular town or county to find local solicitors that practice Conveyancing & Property law. When to cut hedgerows that are home to nesting birds: To avoid any unwanted mistakes you can pause hedge trimming between March and September as the RSPB suggest. Our company’s generosity is evident across all its platforms. If part of the Leylandii hedge grows over t… They possess certain, The pride and joy of any home – our gardens are the tranquil spaces we love and enjoy. If the height is the problem do not attempt to trim it without advice from a property solicitor. There are some common misconceptions about the high hedges law, some of which are explained below. Hello. How many rivers have we cleaned? Using the powers afforded to them under the Anti-Social Behaviour Act 2003, the council can assess the situation and will work to determine whether the overgrown hedge or tree has an adverse effect on the neighbour's property or enjoyment of their home.