legal requirements to cut a hedge?

[what..the?]

Hello we are tenants in a property, were are being told to cut a hedge/line of trees by the letting agents as a result of a complaint by the neighbour. We do not know if the hedge/line of trees is owned by us, it's theirs, or it's shared, we don't know who owns it but it is exactly in the middle between our houses, if anything the trees start in their garden.

We do not have ladders and special cutting equipment to cut trees and with our house on the lower land it would be even more difficult from our side.

Where do we stand legally, what are the rules with hedges, lines of trees and land divides???

[madmaggot]

It depends: the deeds will state which property is responsible for each boundard. As you rent the property you need to look at your rental agreement to see if you are responsible for maintaining the hedges, don't assume that you are just because the agent asked you to do it, they are paid by the owner to act in their interests not yours. If you signed the agreement and it states that you're responsible then you will have to either discuss it with your landlord and come to an agreement if possible or pay someone to do it for you.

[Postdog]

this site might help. note, it is not on the home page, just a page that I thought may apply.

http://www.gardenlaw.co.uk/trees.html

[what..the?]

Thanks for all the advice and the link, yes I can confirm the the tenancy agreement does state we must maintain the garden, but I do believe these big trees that have been there years are asking a little too much.

If it is the trees the neighbours have a problem with I think they do own them and they are trying to pass the buck and cost on to someone else I suspect that they think if they complain no one will look into ownership and / or boundary lines and will just go along and cutt it at their own cost.

Sure enough the letting agent just passed it to us to fix without checking if we own the tress/hedges. But we're not stupid and we have bat it back to the letting agent who is kindly asking for more detail on which hedge/trees they are complaining about and asking both landlord in America and the neighbour what they know about ownership.

As the landlord can be delayed responding to emails I stressed to the letting agent my distrust to the neighbours response to the ownership question. They could easy say it yours cost us hundreds of pounds and they say oh sorry it turns out to be ours.

[LoftyLottie]

No tree surgeons will cut down large trees without referring to the council first, in case there are any TPO's on the trees or any local by laws. They have to get clearance from the council.

Personally, before doing anything I would contact your local council and ask their advice. You may well find that you are not allowed to cut the trees down anyway.

I actually agree with Pickle. Also I don't think your obligation to maintain the garden would extend to large trees.

[what..the?]

thanks lofty

[Schutzengel]

If the Landlord is in America, is the house/hedge/trees also in America? If so, different legislation would probably apply.

[what..the?]

No the house and hedges etc are in the uk, the house is with a uk letting agent therefore we are governed by uk law. the tenancy agreement is uk related.

[Twenty20]

As to whose responsibility the trees are (landlord or tenant), I think (as a landlord) it would be a bit unfair for the tenant to be responsible for them - unless you have been in the property a very long time and had allowed them to get out of hand. The tenant is responsible for the garden in most cases unless a gardener is provided by the landlord, but trees that were already too high when you moved in shouldnt be your responsibility.

I dont think its your problem.

[LoftyLottie]

Bear in mind there is no compulsion in law to keep a hedge trimmed or stop branches hanging into a neighbours property (although they can cut back anything their side).

Action can only be taken if the hedge is causing damage or is dangerous.

However, as I said before there may be by laws in your area which require hedges to be of certain height, etc.

Also:

"Where
property is rented, the landlord
may require the tenants to
maintain any trees, this would be
stated in the lease. If in doubt,
contact both landlord and tenant."

This is definitely different from general garden maintainenance.

I would not worry.

[what..the?]

Thanks for all the advice, i'm standing my ground here, I will keep you updated

[LoftyLottie]

Good luck. I have every confidence it will be OK. Look forward to hearing the outcome.

[what..the?]

Update the letting agent has got back to us he he=as heard back from the neighbour but not the landlord yet I assume.

The neighbour actually has a problem with a hedge not the line of large trees that run the length of our garden/house.

The neighbout wants us the tidy the hedge up and they say they have cut their side and they want us to tidy ours up. they also state the hedge is joinly owned.

Well I have responded to the letting agent and said well that hedge we do not think is overgrow and if it is jointly owned they have our permisson to trim it is they want.

Surely joint means you trim you side if you want and the top should be cut by who ever thinks it needs cutting.

Baically the neighbour wants us to trim the top to their standards but to our cost when it should be equally our decison to leave it at the height it is for privacy.

This hedge is no where near their house it's at the end of a long garden almost out of sight of the house but much closer to our house.

They have already cut half the siad hedge to half the height it was to increase their view across our garden they now what us to finish it.

i have said to the agent 'as the hedge is shared they have our permisson to cut it if they like,

[LoftyLottie]

Let's hope that's the end of it. Shame though that you have to have a low hedge just to conform to their standards!!!

We had the same problem with our neighbours - constantly complaining about our hedge being to tall and it actually was our hedge, not a party hedge. They have a garden where nothing is allowed to grow taller than 3'. It gave us privacy from them and we have trimmed it but it's still a high hedge.

If it's not near their house and they are doing it because they are neat and tidy freaks then they are sad people who have nothing better to worry about.

Thanks for letting us know.

[what..the?]

No problem and thanks for the support I think you are right they are all neat freaks where I live the people are all retired people who cut things with sissors lol. Funny what you said about your neighbours it made me laugh it helps to know your not alone with problems like this.

Current update is, my nice email back to the lettting agent which if you read between the lines said 'get stuffed neighbours' the letting agent seems to have listened and said:

"As there is no agreement on the height of the hedge, I'm awaiting directions from your Landlord, and will be in touch again as I hear from him.
Have a great Christmas."

Well I 'm happy with that considering I was expecting more argument today and emails back and forth. The letting agent seemed to take the neighbours side yesterday , but I think he realises now ....why should they break their back or pay for a hedge to be cut when it isn't tall and not a problem, just for some neat freaks who can't even see the hedge from their house.

I am hoping the news from the landlord will be positive but I will take it all in my stride...well you have too dont you.

Overall I am pleased with the letting agents current plan. Lets hope things dont back fire.

[LoftyLottie]

I was just going to say that my neighbours are also retired folk - but I just realised that I am too!!! Oh dear, perhaps I will start cutting my grass with scissors too :o) and tying knots in my daffs!!!

[LoftyLottie]

I have had my fair share of problems with neighbours this year, not only my own but my elderly mother's too! I have come to the conclusion that there are a lot of small minded people about who just haven't got enough to do in their lives.

Have a nice Christmas what...the?

[what..the?]

Oh yes lofty you too have a good xmas I hope you have a great one x