Want to cut down neighbours hedge

Supercell

A friend I know wants to cut down his neighbours hedge because its overgrown and his side of the garden is shrinking!
The hedge was planted years ago beside a bockety wooden fence now in bits buried inside it.
However the neighbour have taken full advantage to increase their side of the garden at the expense of his.
He wants to cut it down and replace it with a wall so that cannot easily happen again .

On the left is the neighbours garden and to the right his, he says they both "should" be the same width of green space. You can see from the shadow that the hedge is pretty tall too, it really overpowers his garden.


He thinks the neighbour will be none to pleased, does he have a right to insist on building a wall strictly along his side of the garden according to the original plans?

slowburner

Supercell wrote: »

A friend I know wants to cut down his neighbours hedge because its overgrown and his side of the garden is shrinking!
The hedge was planted years ago beside a bockety wooden fence now in bits buried inside it.
However the neighbour have taken full advantage to increase their side of the garden at the expense of his.
He wants to cut it down and replace it with a wall so that cannot easily happen again .

On the left is the neighbours garden and to the right his, he says they both "should" be the same width of green space. You can see from the shadow that the hedge is pretty tall too, it really overpowers his garden.


He thinks the neighbour will be none to pleased, does he have a right to insist on building a wall strictly along his side of the garden according to the original plans?

What a crappy neighbour.
My guess is that the right thing to do is contact the council to check if there are any issues with planning. If planning gives the thumbs up, then power ahead - not much the neighbour can do about it then, once the boundary is clearly established.
Your friend should really be armed with professional legal advice - first thing.
It could be that the construction of the wall might damage the hedge and this could cause a further dispute, especially if the hedge is partially planted on your friend's property.
It would also be necessary to have legal advice in regard to precisely where the wall is constructed. If for example, the wall is to be 100mm thick - should 50mm be on either side of the property boundary? Constructing the wall inside the boundary would mean losing 1.5 square m and giving it to the neighbour (if the garden is 25m long and the wall is 100mm thick).
The really poxy thing is that the neighbour will almost definitely grow the hedge upwards after and if the wall is built - all your friend can do then is cut whatever overhangs the wall.

Rinker

In general, overhanging branches from neighbouring trees that encroach into another persons land may be removed at the boundary without notice being given to the tree owner. The right to cut encroaching roots is similar to that governing the cutting of overhanging branches, but care is required to avoid rendering the tree unstable and susceptible to failure. If the roots are damaged and the tree injured as a result the person who caused the damage may be liable. Legal redress can be sought if it is proven that encroaching roots or branches are causing or are likely to cause damage.

I’d advise the neighbour that you want to build a wall and maybe he’ll agree to you removing the hedge. If he doesn’t go for it start by cutting the hedge back hard to the boundary and erect a strong wooden fence. If the hedge subsequently damages the fence then the neighbour will be liable for the damage.

bbam

In fairness there should be no need for the expence of a wall to control this problem...

How about starting by talking to the neighbour about the problem...
explaining that the current hedge is a serious problem and needs to be cut back to the boundry..

I'd say, depending on the type of hedge you could either prune it hard back or with agreement replace with a more suitable hedge...

If it's a regenerating hedge it can easily be trimmed annually to keep it in control or if it's a lelandii type thing replace it with a hedge that is easily controlled and that would recover if cut back hard...

I think I'd start with a neighbourly chat before turning up armed with legal papers and council rulings.... He may be just as sick of the hedge as your friend is...

slowburner

I like your optimism.

kylith

I'd say first step is to cut it right back to the boundry line, this is all he can do legally. The second step is a neighbourly chat about how high it is, he could even offer to cut it for his neighbour. If that fails then he might want to seek legal advice about it, but AFAIK you have no right to have sunlight in your garden and as long as your neighbour's hedge is on their land it can be as high as they like.

There are also some less kosher options, but they can lead to more hassle down the line.

bbam

slowburner wrote: »

I like your optimism.

Maybe it is optimism but I feel it's always better start presuming things can be setteled amicably first..

You can indeed cut back to the boundry without contacting the hedge owner.. By the looks of the hedge doing this would seriously compromise it as it's so OOC.. If you cut it back hard and it dies back completly you are in deep sh1t as you are liable for any damage to the hedge on the other side of the boundry that you caused.

Talk first, seeif you can agree on a plan to control the hedge...

If that fails... then cut back to your boundry..

Be warned though, if this is a huge lelandii hedge it will look attrocious if it is cut back hard on one side.. if they have got OOC then removal/replacment is the only route to having something decent looking...

sponge_bob

i would pare it right back to the boundry line. if the hedge dies i cannot see how it is your fault. the hedge is on his side of the fence so it is up to him to water and feed it.

slowburner

bbam wrote: »

Maybe it is optimism but I feel it's always better start presuming things can be setteled amicably first..

You can indeed cut back to the boundry without contacting the hedge owner.. By the looks of the hedge doing this would seriously compromise it as it's so OOC.. If you cut it back hard and it dies back completly you are in deep sh1t as you are liable for any damage to the hedge on the other side of the boundry that you caused.

Talk first, seeif you can agree on a plan to control the hedge...

If that fails... then cut back to your boundry..

Be warned though, if this is a huge lelandii hedge it will look attrocious if it is cut back hard on one side.. if they have got OOC then removal/replacment is the only route to having something decent looking...

Of course you are right about trying the softly softly approach first. I should have mentioned this too.

magicbastarder

from a legal viewpoint - if it goes legal, and there's no guarantee it won't - it will stand in your stead if you have made (and recorded) an amicable approach about the issue.