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What were you doing? What went wrong? If a Hedge is over two metres high, it is considered a high hedge and may be subject to local authority planning restraints. In the first instance, however, you should liaise with your neighbours to see if they can remove the excess height.
If you are able to support them with the work, or even carry out the work for them, this might facilitate matters. As with the width of plants, the height can be managed by frequent trimming with a pole cutter or using a normal hedge trimmer and a suitable platform.
By trimming high hedges to within two metres, the task remains manageable and you can usually prevent things from getting out of control. If you have hedge plants that are becoming a problem for your neighbours, they are allowed to cut back the growth that is inside their property. Your neighbours are permitted to ask you to trim troublesome hedge plants and you are encouraged to work with them for the best outcome.
The Local Authority can take steps to force you to maintain or remove problematic hedge plants, although this is a last resort and you would be encouraged to seek mediation to resolve issues if they cannot be easily fixed on a casual basis.
If you have a property with hedge plants that you might not be able to maintain, you can seek professional help from local gardeners, but you may also wish to consider removing the plants and replacing them with less strenuous alternatives. If you are renting a property and the hedges are becoming overgrown, your tenancy agreement should clarify whether you or your landlord is responsible for maintaining them.
Where possible, act quickly to prevent the hedges from becoming more overgrown. The only exception to this is if the hedge grows too high or if the hedge is in danger of damaging your property. If it is in danger of damaging your property, it will likely be close to your own property; so will be under your jurisdiction.
You will, therefore, need to be aware of the regulations. Nesting Animals If a hedge is acting as the boundary, it is a joint responsibility to keep the hedge maintained from either side. This is also a joint responsibility on both properties and can carry with it some serious penalties.
As a result, the RSPB recommends that you both do not use hedge trimmers on hedges that might be housing birds between March and August. There is more about this law on our other blog post found here.
Boundary fences when it involves livestock This may not be common, however, if your neighbour is keeping livestock on their property, it is worthwhile being familiar with the laws. The above rules and regulations would therefore still apply. High hedges have received a lot of attention in recent years. They may be dealt with under Part 8 of the Anti-social Behaviour Act What constitutes a high hedge?
Well, it is not a hedge that blocks the view from your house: sad to say but there is no right to a view under English law. If you want to preserve the view from your house then you must buy and own all of the land that you can see from your house in order to conserve your view. A high hedge is a continuous barrier to light or access that rises to more than two metres above the ground and comprises a line of two or more evergreen or semi-evergreen trees or shrubs.
A complaint about a high hedge on neighbouring land must be made to the local authority usually the district council by the owner of a domestic property who can show " that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person ". The local authority may issue a notice to require the high hedge to be reduced to a suitable height, but they cannot order a hedge to be reduced to below 2 metres in height, nor can they order the removal of a hedge.
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Rural hedges We have already seen on the Legal Presumptions page that, where there is a hedge planted on a bank with a ditch to the outer side of the hedge and bank, the hedge and ditch presumption holds that the boundary is to be found on the outer rim of the ditch.
The drawing of it is worth repeating here. In the example at right, Mr A would be responsible for maintennace of his own ditch which, although it is to Mr B's side of the hedge, is on Mr A's land. We also saw on the Legal Presumptions page that a careful examination of the shape of the land can be used to rebut the hedge and ditch presumption. In the example at left, whilst it may be difficult to establish where the legal boundary might be, we can be certain that it is not on the outer rim of the ditch.
Return to Top of Page Rural Conventions In rural communities it is the practice to plant a hedge at least, those hedges planted on the edges of fields at a small distance inside the boundary.
The information in the Boundary Remark Books OS 26 was derived from surveys along parish and other boundaries with the assistance of local inhabitants called meresmen who were familiar with the course of ancient boundaries.
That information was subsequently transferred to the Boundary Sketch Maps OS 27 for display in the parish concerned. Comments by members of the public are recorded in the Journals of Inspection OS
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