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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice.
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We have a hedge between our house and our neighbours this acts

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We have a hedge between our house and our neighbours this acts as a boundary. Been there at least 30 years. Neighbour has started to severely reduce height of hedge without any consent from us as neighbours. Revamped height will now significantly impact our privacy

On whose land does the hedge sit?
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who owns the hedge?

How do you know this?

How high was it?

How high have they cut it down to?

Would it not also affect their privacy?
Customer: replied 4 years ago.
We don't know, who owns the hedge but it is the only boundary between 2 houses that were built over 100 years ago .
Hedge was approx 12 feet high now cut down to circa 4 feet
Their house sits lower than ours . Given they took the unilateral action of cutting the hedge they obviously don't feel that their privacy is compromised. Ours most certainly is. Surely a common boundary radical change such as this requires the consent of all parties affected

If this is a jointly owned boundary, you are correct that it does need the consent of both parties to remove it or reduce the height dramatically.

However if it is evergreen as is usually the case with a hedge, and you refuse to reduce the height of it, they can apply to the local authority and the local authority can order it cut down to as low as 2 m.

If they are cutting it down just over half of that, you can apply to court for an injunction to stop them doing the work although if they carry on regardless, you are going to have to make an emergency application via a solicitor to get it in court in hours rather than days.

If it has already been cut down, there is obviously nothing that you can do other than put a fence up to restore your privacy.

The cost of putting the fence up is actually going to be much less than it's going to cost to take this matter to court although there is also of course the alternative of ripping the hedge out altogether and replacing it with a fence along the same boundary line.

How you deal with this really depends on what you want to achieve because it is unlikely that the court would make them replace the hedge with one which was 2 m high or replace it with a fence.

I am sorry if this is bad news.

Can I clarify anything for you?

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71146
Experience: Over 5 years in practice.
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