If your neighbour’s hedge has grown too large and is encroaching on your garden, it’s important to know your legal rights and the boundary rules before you start trimming.
Arguing with your neighbours is never enjoyable, no matter the cause. Disputes over gardens are very common, and determining who’s right isn’t always straightforward.
Take, for instance, a situation where your neighbour’s hedge becomes overgrown and begins creeping into your garden space. You may feel tempted to cut back the branches, but before grabbing the secateurs, it’s important to understand what’s permitted by law and what crosses the line.
Not sticking to the regulations could get you into trouble, and your neighbour might even pursue legal action against you for property damage.
Based on the official government website, you’re allowed to trim your neighbour’s hedge if it extends into your property from their home or a public highway – but only under specific circumstances.
It’s only permissible to cut back up to the property boundary. If you go beyond this, your neighbour could pursue legal proceedings against you for damaging their property.
Your neighbour has a duty to care for their hedges so they don’t damage your property or grow excessively tall. If any damage does occur, your neighbour may be held responsible.
To prevent potentially breaking the law, it’s recommended to check who actually owns the hedge before trimming it. The solicitors at Bonallack and Bishops said: “If it transpires that you have trimmed or moved a hedge which belongs to someone else, you could be held liable and forced to pay substantial legal costs.
“There are no hard and fast rules with regards to boundary ownership, and the only way to find out who owns a boundary border is to check the deeds at the Land Registry. Often, there’ll be no definitive answer and it’ll ultimately be a shared responsibility.”
On the other hand, if your hedge has spread so that it extends over your neighbour’s property, they are entitled to trim back the portion that has crossed the boundary line, though they must return any cuttings to your land.
If any trimming occurs on your side of the boundary, this could be considered an offence under the Criminal Damage Act 1971, unless there’s a lawful excuse.
You are within your rights to pursue a civil claim for any resulting damage, though it’s always recommended to attempt a conversation with your neighbour beforehand.
If confronting them feels daunting, consider writing a letter that clearly outlines the issue while keeping strictly to the facts.
