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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a hedge which adjoins a race course at the bottom of

Customer Question

We have a hedge which adjoins a race course at the bottom of our garden approx 45 feet from house. From our ground level it is over 20 feet high although it may only be 16 from the other side. The hedge is only cut once a year but only the top is taken off which means it gets higher every year. We have to hire steps to cut our side but we have been told by the racecourse that we can not cut it lower than what they have done so. Please advise
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is any part over hanging your land please?

Customer: The 80 foot long hedge is on their land but we have to cut our side to keep our right of way accessible. With recent council cuts we no longer get garden waste uplifted and is an additional expense we do not require
Alex Watts :

Have you complained to the Council please?

Customer: No
Alex Watts :

Ok - I would do that first of all

Alex Watts :

Second then if it is a nuisance you can take Court proceedings

Alex Watts :

You can issue proceedings for nusiance and ask the Court to limit the height of the hedge

Alex Watts :

If this is done then the owners have to maintain it

Alex Watts :

If they do not then they would be in breach of a Court order

Alex Watts :

They would be warned, fined or sent to prison

Alex Watts :

But that can be costly and you would have to pay privately because of changes in the legal aid

Alex Watts :

Therefore complain to the Council first

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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