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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Our neighbours privet hedge is on the boundary line.Above

Customer Question

Our neighbour's privet hedge is on the boundary line.Above ground level there is growth ie-root formation and stalks"bulky at the bottom and growing many "stalks" which have foliage at the top. These "stalks" are pressing on my fence and pushing the fence over.
The neighbour tells us he is taking legal preceedings on this matter .
We need to replace the fence. Could you please advise us?
Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
Are you asking if you can force them to do that?
Customer: replied 3 years ago.

I have already cut the offending growth away.

Expert:  Stuart J replied 3 years ago.

I think you mean that he is
taking legal advice. Excellent.

In which case, his legal adviser
will tell him that you can do exactly what you have done and that his hedge is
a nuisance.

This is a very common question. A
person cannot make an adjoining property owner cut the trees per se but please
see my later comments about trespass and nuisance.

Consent is needed to trim
deciduous trees which are protected by a Tree Preservation Order and a licence
may be needed to fell trees which are not protected by a TPO.

Evergreens cannot usually have a

Regarding evergreens, a complaint
can be made to the council and they will deal with them under the nuisance tree
legislation but only with regard to the height. They want £300 fee to start the process and if they
find that the trees are a nuisance, they can compel a tree owner to cut them
down to 2 m high.

With regard to branches and roots
growing boundary,(evergreen or deciduous) these are nuisance and trespass. The
overhanging pieces can be chopped off as can roots growing underground but they
do not belong to anyone other than the tree owner, so the pieces should be
given back although if they are unceremoniously dumped over their hedge without
warning, it is not good for already fraught neighbour relations.

The following are links will give
you some reading with regard to high hedges and nuisance trees. Don't worry
about where the sites are geographically because the rules apply nationwide.


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