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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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Hi, I was wondering if you can help. I live in a mid terrace

Customer Question

Hi, I was wondering if you can help. I live in a mid terrace property in Scotland and have a shared access alleyway at the back of my property. The neighbor next door has a huge hedge that has now encroached over the alleyway boundary at the back making it hard to take wheelie bins out without branches hitting you in the face. Today I started cutting some back with garden shears and my neighby has threatened to call the police stating it is her hedge and her property and I have no right to chop anything back even though it is over grown by approx 2ft into alleyway. Where do I stand legally?.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The rear alleyway will be owned in common by all the proprietors of the terrace. The hedge encroaches into the alleyway. As such any common owner is entitled to cut away the overhang right up to the neighbour's boundary.

You should return the cuttings to the neighbour's garden as they are her property.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.