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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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I have been resident in my current property since 1997 and

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I have been resident in my current property since 1997 and have always maintained the hedge which belongs to my neighbour and was originally planted just his side of the boundary markers. I am now getting too old to continue maintenance on my side as the hedge is about 9-10 feet high and I am almost 70 years old. Am I within my rights to request that he keep my side in good order?

You are allowed to cut off any foliage which hangs over on your side because that trespasses. However you are not allowed to keep the pieces, because they belong to the neighbour although he might not be very happy if you simply dump them over the hedge.

If you are not capable of or simply do not want to be troubled with doing this, you are entitled to ask the neighbour to cut this at his own expense. If the neighbour refuses, you are entitled to get the work done yourself and seek the costs from the neighbour. If the neighbour will not pay the costs then unfortunately, you are faced with taking him to court firstly to get the costs of the job recovered from him and secondly to get an order to compel him to trim the hedge in future.

Can I clarify anything for you?

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