The High Hedges Law
The Law on problem High Hedges in Gardens - a summary of the present legislative position
It is permitted to cut a neighbour's hedge (roots and branches) as far as the boundary, but you may be held liable if doing so kills the rest of the tree.
(Be sure you know where the boundary is and be sure you take all steps to appear as reasonable. You could inform your neighbour that you intend to cut the trees back to the boundary and could invite him to make arrangements to witness the cutting. If the trees were to die of disease, or of any other cause, after cutting it would then be difficult for your neighbour to take you to the Civil Courts and establish that you had deliberately killed the trees. Keep a copy of the letter and consider using the recorded delivery service).
Cutting over the boundary is not allowed. It may lead to the cutter being taken to court for damage to a neighbour's property, and to enormous financial penalties. Until the High Hedges Law was brought in in June 2005, the hedge could grow whatever he liked and to what height he likes on his own land. If you took your neighbour to court you would have to prove, that the hedge had damaged, or was likely to damage, your property, or that it had taken away 50% of the light in some of your rooms or you could use the law of nuisance which is uncertain and unpredictable.
It is difficult and expensive to prove these things and very few people have succeeded in doing so.
The handful of cases we know of where a victim has won have all involved actual or potential damage to property or, in one case, a very uncommon covenant on all the hedges on an estate.
The recent case of Delaware Mansions versus the City of Westminster has clarified the law and suggests that you should give notice to the grower if you suspect that the hedge could cause damage because the grower, if given adequate notice, will then be reponsible, in common law, for any damage which ensues. See items of particular current interest on the Hedgeline website homepage.
There is, however a possibility of taking your neighbour to the small claims court to claim back the costs of cutting back the trespassing branches. See "Advice for High-Hedge Victims" in the main index on the site, Hedgeline.org
About Hedgeline
Formed in 1998, Hedgeline (www.hedgeline.org) is a large lobby and support group with over 4,500 members. It is the support and pressure group which has worked over the last 8 years to bring in the new High Hedges Law, Its primary objective is the effective legislative control of problem high hedges of all species in residential areas. The issues caused by high hedges include light deprivation, subsidence and many other problems that adversely affect people's enjoyment of their homes and gardens. Working through local groups across the United Kingdom, Hedgeline provides members with comprehensive advice and information by drawing on the practical experiences of thousands of hedge victims.
Status of Hedgeline
Hedgeline is a large group of people who are suffering the problems associated with a neighbour's high problem high hedges. We have worked together since 1998 to try help each other and to try to alter the law as regards high hedges. Our long campaign has finally resulted in the High Hedges Law, which is not the perfect solution, but is a whole lot better than being completely at the mercy of our neighbours and their high hedges. It certainly establishes a principle.
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