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My neighbour has a very large hedge made up of conifer trees, which is blocking out the light of part of my garden, they run down the side of my house approx 6ft away. my question is what is the legal require ment height that these trees should be allowed to grow to. We have asked him to cut down approx 4ft but he refuses to do so. Could you please advise if we have any right to ask him to cut a few feet down or what legal requirement we can do to resolve this problem.




Answers

 

Check with your local council what the bylaws are on the height of conifer hedging. In many parts of the country it is no higher than 2 metres.

22 Jun, 2011

 

There is a section on here regarding the law on high hedges.

http://bit.ly/irBAZl

22 Jun, 2011

 

There is a High Hedge website with information on the new law and how it works.
It has a helpline number 0161 368 1791
If no amicable agreement can be made with your neighbour to reduce the height to about 2 metres then you can apply to your local council to have your case considered by them and they will decide if action is needed to be taken by them. But the application fee for that to be considered is about £350

22 Jun, 2011

 

Not exactly true moon Growe. The Anti Social Behaviour Act (2003) gives local authorities/councils the power to mediate between neighbours in disputes over an evergreen hedge. The disputer needs to prove and demonstrate that they have tried and failed via other means to negotiate over the hedge and that it affects their reasonable enjoyment of their property. There is no legal right to 'light'

The council/LA cannot remove a hedge nor mandate that a hedge can be no higher than 2 metres. It can only take action if a disputer contacts them demonstrating that they have failed to reach a compromise with the owner of the hedge. You are likely to have to pay the council for their time.

If they decide in your favour then the council will issue the owner of the hedge with an enforcement letter telling them to cut the hedge and maintain it.

2 metres is about 8 foot (I think - not good on imperial measures). I doubt that asking a neighbour to cut it to 4 foots (1 metre) will be grounds under the Anti Social Behaviour Act.

22 Jun, 2011

 

Beverley asked their neighbour to remove 4 foot of growth Kildermoire not to cut down to 4 foot a metre is 39 inches so 2 metres is 6.5 feet. It does depend on where you live and different councils do have different policies as we have heard on GoY before. I don't that ASBO is the route to go.

This is a quote from the web link Casandra put up "High Hedges
A government Bill giving Local Authorities the power to control evergreen or semi-evergreen hedge heights seems set to become law. A residential occupier can complain to his Local Authority if :

1. A hedge is evergreen or semi-evergreen.
2. It is over 2m in height.
3. It is "unreasonably restricting " light to the property.

The Local Authority can issue a "remedial notice" on the owner eg to reduce its height. Failure to take action can result in a fine of up to £1000 and daily fines for so long as the failure continues."

22 Jun, 2011

 

Ah, I see - I read it wrong!

22 Jun, 2011

 

I've read lots of questions wrong Kildermore... no sweat :-)

22 Jun, 2011

How do I say thanks?

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