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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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Across the bottom of my garden is a hedge, which we maintain

Customer Question

Across the bottom of my garden is a hedge, which we maintain in a reasonable manner. It is an old ever green hedge, which from what I can see on the internet because it is old and not a wall or fence then can be 3 meters high. We keep it at this height. It provides us with some shade at certain times of the day - as does our next door neighbours large tree, they like their tree, so we just move our chairs slightly if we choose to get into the sun.
The neighbour whose garden backs onto mine / ours gets a small amount of shade from our hedge between 9am and midday but receives direct sunshine from midday until sunset. I understand that she has the right to cut any growth from my hedge that goes into her garden or over hangs the boundary markers.
She has recently trimmed growth of the hedge into her garden vertically to within 6 inches of the boundary line on her side but then decided to also trim it horizontally. However instead of just the 6 inches of hedge her side of the boundary and has used a mechanical hedge trimmer to cut horizontally into my hedge, on my property, to a depth of 2 feet over the boundary. This has left the remains of the "hedge" looking a real mess my side of the boundary.
I have spoken to her previously and asked her not to cut over the boundary into my property / garden. She has not previously cut to this degree. I went and spoke to her about it but she doesn't see the problem has chosen to ignore the boundary and apparently measured the depth of the hedge and cut into it what she believes is half way. This is my hedge on my land. I am traumatised by the mess my hedge now looks and am unable to sit in that part of my garden without crying.
It will take 4 or 5 years for the greenery / new growth on the bare branches / twigs she has left.
Please can you advise me. I understand this is a civil matter but believe she has committed criminal damage and theft as well as the distress she has caused.
Thank you
Anna
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Dear *****a,This will be treated as a civil matter and sadly not the type of thing that the police like to get involved in. If it is your hedge on your property then she has caused both damage and trespass. I would be minded to get a solicitor to write to her and formally put her on notice - you could also seek compensation for the damage.
Customer: replied 1 year ago.

I was hoping for confirmation that my belief of the hedge being legally allowed to be retained at 3 metres tall was correct.

Thank you

Anna

Expert:  Thomas Judge replied 1 year ago.
The law is set out as to the height of hedges under Part 8 of the Anti-Social Behaviour Act 2003 and strictly speaking should not be higher than 2 metres tall. It’s measured from ground level. This is usually at the base of the trunk or main stem of the trees or shrubs in the hedge. Unless it has been planted on a bank or in a raised bed, when the measurement would be taken from the natural ground level. Please remember to rate
Expert:  Thomas Judge replied 1 year ago.
The law is set out as to the height of hedges under Part 8 of the Anti-Social Behaviour Act 2003 and strictly speaking should not be higher than 2 metres tall. It’s measured from ground level. This is usually at the base of the trunk or main stem of the trees or shrubs in the hedge. Unless it has been planted on a bank or in a raised bed, when the measurement would be taken from the natural ground level.Please remember to rateI hope that makes sense - happy to assist with other questions

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