someone else cutting back your hedges

[BettyNoir]

We live in an end terrace which has a public footpath running alongside it. Most of our boundry consists of hedgerow, mosty Holly, Lilac bushes, some hawthorn, purple gooseberries,a few backberries and loads of honeysuckle, which we trimmed right back in the spring as birds nest in there and we had 3 birds nests in the hedgerow this year. we have since kept on top of this, trimming back brambles etc, with a view to giving it all another good trim back in the autumn when everything has stopped fruiting. Today we found 3 members of the village green gardening comittee trimming our hedges back on the footpath side - all our almost ripe gooseberries, are gone and loads of our honeysuckle. they refused to stop, even when i pointed out that the hedgerow was ours and was usually maintained by us. I know they were on a public footpath, but the trimming back was completely unnecessary and the fact remains that these plants belong to us.
Is there anything we can do about this, legally speaking?

[hc4361]

No, nothing. You do not have any legal right to allow your plants and hedges to encroach over the public footpath.

[BettyNoir]

But they weren't encroaching. I saw someone walk up there yesterday with a double width pushchair without any problems, it's not like the hedge is blocking the path in any way.

[ChuckFickens]

were they within the boundary line of your property or overhanging onto the public footpath?

[johnk]

I don't think there is as the land they were on is not yours. They are supposed to give you any prunings or fruit cut off, that's if you you want it.

[carolegif]

If they were over your boundary, then they can trim them. Why are they not on strike?!!!

[BettyNoir]

Definitely not hanging onto the footpath, like I said, we hacked everything right back in early spring before the birds took up residence, and we've kept on to of anything sticking out in the meantime.

[ubasses]

Were your hedges narrowing the public footpath. These have to legally be a certain width. However as part of an environmental group we inform the footpath officer at the local council and they write to the owners of hedges, cropped over farms etc advising them to undertake any necessary work. If they do not comply they then have the right to do the work and pass any charges on, we offer to do it for free when they have received the owners permission. So your footpaths officer may be a good place to start for advice.

[ChuckFickens]

If they have cut anything back past your boundary line then it's trespass and criminal damage.

But if they bushes are past your boundary line they can trim them back so they are level with your boundary line. (even if you think there is room to get past on the path)

[painterman32]

Bettynoir - (love the name by the way) you have my sympathy, I hate busy-bodies like this. I suggest you write a stiff letter to this 'gardening committee' and inform them that thy should have consulted you and asked you to cut the hedge back if thought necessary, since their premature decimation of it has ruined a haven for wild-life, nesting birds, and butterflies and bees with the removal of the honeysuckle. I don't think legally you have much sway as the hedgerow was on a public footpath, BUT saying that, shouldn't it be down to the council to cut it on that side and not just general busy-bodies who think they know different?

[cassa333]

Basicly Painterman is right on both counts.

If your plants grow over your boundry, regardless of how far and regardless of narrowing of a footpath or not, 'someone' has the right to cut it back.

Technicly I suppose it is the council. However anyone walking the path can do so. They do, however have to offer you the clippings back which you do not have to accept if you don't want to.


The only thing I would say though is that your idea of tidy and not encroaching may be very different to those with a right to use the path. Do ou have reset photographic evidence of the state of the boundry?

[RAV1D]

By Law if a tree, plant hedge over hangs someone else property,They have the right to cut it off but they have to give it back.So You can complain If they have taken your berries away as they are still yours but they can remove them from their property but should throw them all back on to yours.If for an example you had an apple tree and an apple was overhanging, they have no right to eat the apple unless it had natraly fell to the ground but they could chop the overhanging branch but would have to give it back with the apple on it.

[joko]

i understand your annoyance...id be mad too...but for 3 of them to go to these lengths there must be some problem whther you agree or not..if my clothes, face, dog...whatver were getting continually scratched by these bushes everytime i passed , id be tempted to prune too

the fact that they didnt stop when challenged implies they know their rights on this one...

[LoftyLottie]

The first thing that should be done is to approach the owner of the hedge and ask them if they would please cut back any of their shrubs etc. that are encroaching on another property. If they refuse then you have the right to cut back anything to the boundary (but not the height). You can ask them if they want there trimmings back, but if they decline then those that did the cutting have to get rid of them. It is not legal to cut back any hedging where there are birds still nesting.

I consider that what happened to BettyNoirs hedge was wrong.

[LoftyLottie]

And it is not legal to throw the trimmings back into the owners garden, even though people think it is.