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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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Can my next door neighbour cut my side of our front garden

Resolved Question:

Can my next door neighbour cut my side of our front garden hedge and dispose of the cuttings in my garden.This is what he is threatening to do.
Submitted: 22 days ago.
Category: Law
Expert:  F E Smith replied 22 days ago.

Hello - why does he want to cut your side?

Customer: replied 22 days ago.
He says that it is too High and taking his light away which it is not as it ends 8 feet from his house.I just want to know if he has any right in law.
Expert:  F E Smith replied 22 days ago.

The neighbour is entitled to cut any growth which grows over the boundary. He is not entitled to keep the cuttings because that theft and he must offer them back to you although if you don’t want them, he is obliged to simply let you have them.

He is only entitled to cut any hedge on his side and as far as the boundary and if he cuts your side, that’s criminal damage and trespass.

If this is an evergreen hedge, he can make an application to the local authority to compel you to cut it down to 2 m. The relevant legislation with regard to nuisance trees is the Antisocial Behaviour Act. If you Google “nuisance trees” it will give you plenty of reading.

I would suggest that if you want to avoid the local authority getting involved and potentially court, you want to make sure that the top of the hedge is no higher than 2 m. If it is, then you have a potential problem.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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