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Who's Responsible?
who is responsible for cutting a hedge between two properties? Is it the sole responsibility of the owner of the hedge or is your neighbour legally bound to upkeep their side?
Answers
The owner of the hedge is responsible, but the neighbour is within his rights to remove any part of the hedge that impinges on his property.
12:19 Fri 19th Jul 2019
Further to the above, I am still wondering about our issue here, so let me explain my question. Our neighbour's boundary is a 6ft hedge. My husband has had all the hedges we are responsible for replaced by feather edge fencing as he is in his 80's and can no longer maintain them himself. The hedge belonging to our neighbour is the only hedge boundary now remaining and it is mostly dead and looks dreadful; it is also very dusty and possibly harmful to breathe in when being cut. (He has always cut it on our side, but has absolutely no intention of doing that any more). Are we within our rights to demand of our neighbour, in future, that they should get it cut and, if they refuse, would we be able to get someone else to do it and present them with the bill?
'Are we within our rights to demand of our neighbour, in future, that they should get it cut'
If you go wading in with that attitude you're likely to stir up a good deal of trouble. If you go round and explain your situation as you have on here, they may be very amenable to helping you out. You could even offer to contribute financially, if you're able.
If you go wading in with that attitude you're likely to stir up a good deal of trouble. If you go round and explain your situation as you have on here, they may be very amenable to helping you out. You could even offer to contribute financially, if you're able.
Unless there's a relevant covenant in the property deeds (relating to the maintenance of the garden), or possibly a clause in a tenancy agreement about keeping the garden in good order, NOBODY is ever obliged to cut a hedge unless there's some statutory reason to do so (e.g. where an overgrown hedge could obstruct a public footpath).
In general, it's perfectly lawful to leave a hedge to grow totally out of control.
You can trim back a neighbour's hedge if it extends beyond the boundary between the two properties but you can't oblige the neighbour to do so himself.
In general, it's perfectly lawful to leave a hedge to grow totally out of control.
You can trim back a neighbour's hedge if it extends beyond the boundary between the two properties but you can't oblige the neighbour to do so himself.
Had this problem 2 years ago, after legal advice was told that I can cut overhanging branches etc, but as they are under law `the fruit of my neighbours trees` I must offer him the branches etc back, if he refuses to accept them the disposal becomes my responsibility and I am not allowed to simply throw them back on to his garden as I was intending to do. Cost me time and money in the end, what do they say about the law being a ass!