Neighbour Disputes | Trees and Hedges.

Neighbour Disputes Over Hedges and Trees

Neighbour disputes over hedges, trees and garden maintenance can quickly affect the enjoyment of your home. If handled badly, they can cause tension, arguments, and long-running disputes. Where possible, it is usually best to deal with the issue early and try to agree a practical solution with your neighbour.

Not every overgrown garden, tree or hedge will give you a legal claim. The law is more specific where the complaint is about a high hedge, and the council will usually expect you to have tried to resolve the matter before making a formal complaint.

Trying to Resolve the Problem Amicably

The first step is usually to speak to your neighbour calmly and explain the problem. They may not realise the hedge or tree is affecting your property, blocking light, causing concern or making part of your garden difficult to enjoy.

In some cases, the solution may be straightforward. Your neighbour may agree to carry out the work, or they may allow you to arrange the work at your own cost. If your neighbour is elderly, unwell or physically unable to maintain the hedge, a practical and respectful discussion may avoid a legal dispute.

Mediation and Council Involvement

If direct discussion does not resolve the issue, mediation may help. Some councils provide information about local mediation services, although both sides usually need to be willing to take part.

If the problem cannot be resolved, you may be able to complain to the local council about a high hedge. The council will normally expect evidence that you have already tried to settle the dispute informally. A fee may be payable for the council to consider the complaint.

When Can You Complain About a High Hedge?

You may be able to make a high hedge complaint if the hedge consists of 2 or more mostly evergreen or semi-evergreen trees or shrubs, is over 2 metres tall, and is affecting the enjoyment of your home or garden because of its height.

The rules are aimed mainly at high hedges that block light or otherwise affect the reasonable enjoyment of a residential property. They do not usually apply to a single tree, a single shrub, or a hedge that is mainly deciduous.

Who Is Responsible for the Hedge or Tree?

The owner or occupier of the land on which the hedge or tree grows is usually responsible for its maintenance. They may also be responsible if it causes damage, creates a hazard or breaches a legal duty.

However, this does not mean a neighbour can enter the land or cut the hedge without permission. Any work should be agreed upon unless you are only cutting back branches or growth that crosses the boundary into your own property.

Can You Cut Back Overhanging Branches?

You can usually cut back branches, roots or hedge growth that overhangs or crosses into your property, but only up to the boundary line. You should not trespass onto your neighbour's land or cut beyond the boundary.

You should also check whether the tree or hedge is protected by a Tree Preservation Order, conservation area rules or other legal restrictions before carrying out work. If the property is in a National Park, conservation area or protected landscape, extra care may be needed, and the local council should be contacted first.

What Can the Council Do?

If the council accepts a high hedge complaint, it will assess whether the hedge is adversely affecting the reasonable enjoyment of the property. The council does not simply punish the hedge owner or automatically order the hedge to be cut down.

If the council decides action is justified, it may issue a remedial notice requiring the hedge owner to reduce the hedge to a specified height and maintain it. If the notice is ignored, enforcement action may follow, and the hedge owner may be prosecuted.

Getting Legal Advice

Neighbour disputes can become expensive and stressful if they escalate. Legal advice may be useful where there is disagreement about boundaries, damage, access, nuisance, protected trees, high hedge complaints or whether court action may be needed.

It is important to keep records of what has happened, including photographs, dates, letters, emails and notes of conversations. These may be useful if the council, a mediator or a solicitor becomes involved.

Find a Property Dispute Solicitor

To find a solicitor who may be able to help with a neighbour dispute, high hedge issue, boundary problem or property dispute, use the search facility, select Property Disputes or Property Law and enter your location.