Communities and Local Government

• Planning, building and the environment
• Planning
• Trees and High Hedges
• High hedges
• FAQs on high hedges
• Overhanging branches

Planning, building and the environment

Overhanging branches

I'm not so worried about the height of next door's hedge but I cannot reach to cut the portion that overhangs my garden. Nor can I afford to get it cut professionally. Why isn't it mandatory for the owner to maintain their hedge within the bounds of their own property?
This is the general effect of current common (unwritten) law. A tree or hedge belongs to the owner of the land it is growing on and, under common law, that person is responsible for managing and maintaining it so that it is not a nuisance to anyone else - in the same way that they are responsible for looking after any other part of their property.

Where the branches of a tree or hedge cause a nuisance by trespassing onto an adjoining property, the common law allows the neighbour to remedy this by cutting back to the boundary any overhanging branches - provided there are no other legal restrictions in place, such as a tree preservation order.

The other way of enforcing these common law responsibilities is through the civil courts, by pursuing an action against the owner of the tree or hedge for trespass, nuisance and/or negligence. The law on nuisance/negligence is complicated and so such a step is not to be taken lightly. Anyone considering such action would be well advised to seek specialist legal help. Community Legal Service (www.clsdirect.org.uk [External link] or tel: 0845 345 4345) can help people to find the right legal advice.

A middle route, pursued successfully by some, is to use the small claims procedure in the county court to seek recovery of the costs of professional cutting back of overhanging branches of neighbouring hedges. Other ways of settling the matter should, of course, be tried before issuing a claim at court - for example, by writing to the hedge owner to ask for recompense. Hedgeline have published on their website a procedure to help people who are considering pursuing such a course of action.

I have a hedge at the bottom of my garden. My neighbours have asked me twice to go into their garden and trim the hedge from their side. Physically, I can't do the work. Am I legally required to cut the other side of the hedge?
The legal position is set out in the previous answer. As this shows, your neighbour would have to take you to court to force you to cut their side of the hedge, or to recover the costs of getting it cut professionally.

The best way forward is to discuss the upkeep of the hedge with your neighbour and try to agree a solution that will suit you both. Some general advice on how to approach your neighbour and find the right answer is in the leaflet Over the garden hedge. Although it is mainly aimed at people who have problems with someone else's hedge, the advice holds good whichever side of the hedge you're on.

In particular, you will need to try and see things from your neighbour's point of view. They might resent having constantly to maintain a hedge that they did not plant - and might not like. Remember that one option is to get rid of the hedge and replace it with something more suitable. The leaflet The right hedge for you: a guide to choosing a garden hedge offers some useful advice in this case.