Ask a Law Question, Get an Answer ASAP!
I’m assuming that the hedges evergreen. Please confirm.
What is the total height of the hedge?
Apart from looking relatively unsightly, what problems this cause?
Would she allow you (ignoring the birds) to cut the hedge on her side?
Are there in fact birds nesting in the hedge?
The height of the hedge is relevant because unless it is 2 m high or greater, you cannot bring action under the Nuisance Trees legislation.
However you don’t automatically have an action simply because the hedge is over 2 m high, it must be a nuisance.
You are entitled to cut any hedge which overhangs your side of the boundary. You are not entitled to cut anything on her side of the boundary without her consent regardless of how high it is.
If you want her side of the hedge cut, you will have to contact the local authority and asked them to deal with the trees under the nuisance tree legislation. There is a £300 fee which you will have to pay. The local authority will only bring action against the landowner if the trees are a nuisance, not simply because they are unsightly.
Can I clarify anything for you?
Please don’t forget to rate the service positive. It doesn’t cost you anything but helps me greatly, I get paid!
The fact that it may be on the left side of the property or the right side of the property is immaterial. The presumption that the boundary on one side belongs to one house and the boundary on the other side belongs to another house is a legal myth. You only have the right to cut the hedge up to the boundary but even then, you must not take any action to kill it.
The delay is inevitably caused because we are solicitors with offices and clients and sometimes we have to go off-line to travel and deal with those clients and suchlike.
I don’t deal with the fees, I just answer questions and the users choose the fee they want to pay for the answer.
I am an independent lawyer simply dealt with your question. I’m also not responsible for what the law says if it’s not favourable.
If you don’t give me a rating, I get nothing for my time and you have had my professional advice for free.