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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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We have large leylandi on our land neighbour threatening legal

Resolved Question:

We have large leylandi on our land neighbour threatening legal action to make us cut them down can they do this
Submitted: 3 years ago.
Category: Property Law
Expert:  Alice H replied 3 years ago.
Hello. My name is ***** ***** I am happy to help.
- Are these causing damage or nuisance to your neighbour?
Customer: replied 3 years ago.

they say they block their fishing pond and it stops plants growing

Expert:  Alice H replied 3 years ago.
OK, I understand.
The law that deals with high hedges comes Section 8 of the Anti-Social Behaviour Act (2003). This allows councils to take action where the hedge has grown to a height where “the hedge is adversely affecting the [complainants] reasonable enjoyment of their property”. Your neighbour could also take action under the law of "nuisance".
If part of the Leylandii hedge grows over the boundary (e.g. foliage or roots), owners of the neighbouring property have the right to cut it back to the boundary. Also if the hedge is causing damage or nuisance then your neighbour could ask you to cut it back further.
The bot***** *****ne is that the hedge is your responsibility and whilst it's not illegal to have these plants in your garden, your neighbour could take legal action if damage or nuisance is being caused as alleged. I appreciate you have limited resources but the hedge is your responsibility I'm afraid.
Customer: replied 3 years ago.

Could we legally be made to cut tree down

Expert:  Alice H replied 3 years ago.
I hope your neighbour will discuss the matter with you to find a solution.
But, yes, the neighbour could take legal action and this could include getting you to cut the hedge down.
Of course, that's an extreme measure but it really depends on the extent of the growth and amount of damage or nuisance the hedge is causing.
Customer: replied 3 years ago.

how would a court enforce this if we cannot pay the trees are 60-80ft high

Expert:  Alice H replied 3 years ago.
Under the Anti Social Behaviour Act which I mentioned earlier the council could issue you with a remedial notice. If you fail to comply they could prosecute for an offence under section 75 of that Act.
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