Yes my neighbour has refused to cut the hedge.
This is a very common question. Aperson cannot make an adjoining property owner cut the trees per se but pleasesee my later comments about trespass and nuisance.
Consent is needed to trimdeciduous trees which are protected by a Tree Preservation Order and a licencemay be needed to fell trees which are not protected by a TPO.
Evergreens cannot usually have aTPO.
Regarding evergreens, a complaintcan be made to the council and they will deal with them under the nuisance treelegislation but only with regard to the height. They want £300 fee to start the process and if theyfind that the trees are a nuisance, they can compel a tree owner to cut themdown to 2 m high.
With regard to branches and rootsgrowing boundary, these are nuisance and trespass. The overhanging pieces canbe chopped off as can roots growing underground but they do not belong toanyone other than the tree owner, so the pieces should be given back althoughif they are unceremoniously dumped over their hedge without warning, it is notgood for already fraught neighbour relation
The following are links will giveyou some reading with regard to high hedges and nuisance trees. Don't worryabout where the sites are geographically because the rules apply nationwide.
As this cost is incurred through no fault of your own, there is no reason why you cannot claim it back BUT you do have to warn the neighbour that if you do go to the council he will incur that cost.
Can I help further?
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My neighbour will not initially incur the cost this will have to be met by myself. My question was can I claim this back from my neighbour through the small claims court or somewhere else?
Correct, he will not incur the cost. You have to pay it andthen claim it back from him through the Small Claims Court.
You have to warn him that if does not cut the hedge, he willincur this cost which you will claim back by the Small Claims Court.
I assume that not only will he not cut it, he will not letyou cut it either.
If you have not raised that, it might be cheaper to cut thehedge yourself (if he is agreeable) rather than have the grief of the Counciland court