Once council is satisfied that your complaint meets the legal criteria, it will invite your neighbour to present their case. If they have both versions of the story, a council official will visit the site to examine the hedge and its surroundings. There are common misconceptions about the High Hedges Act, some of which are explained below. What is the definition of protection under the law? A line of 2 or more trees or shrubs, entirely or mainly evergreen or semi-evergreen. Over the years, there have been a number of high-profile cases where landowners have made hedges (often leylandii) so large that their neighbours have been deprived of the light and joy of their own property. Before filing a formal complaint, you should try to resolve the issue with the owner of the coverage. In many cases, the owner won`t know it`s causing a problem until they`re notified. In any case, the council will not take any action unless you have first tried to resolve the issue with the landlord. The law does not set a precise level. The council can do nothing more than issue a „clean-up notice“ ordering your neighbour to reduce the hedge to a height that eliminates problems and prevents them from recurring. For example, 2 meters is the right height only in some cases. The legislation states that your hedge can reach 2 meters high – but there are other factors to consider.
The law defines tall hedgerows as a series of two or more evergreen or semi-evergreen trees or shrubs that are more than 2 metres above the ground and form a complete barrier to light or access. You cannot file a complaint if it is only a shrub or a tree, regardless of its height. Chapters 4 and 5 of High Hedges Complaints: Prevention and Cure provide detailed guidance to advice on the types of hedge problems they can and cannot treat. If the protection relates to something other than the housing situation, it is not considered valid. Buildings that are not used as living space can be, for example, a barn, shed or garage. If you do not currently live in the property and it is vacant, you can still file a complaint under the law if, for example, you are unable to sell the house due to the high hedge. The council may ask your neighbour to take steps to prevent hedge-related problems from happening again. This could include keeping the hedge at its new height while it is there. The corrective notice issued by the Council indicates what needs to be done.
The Council must weigh all relevant information before taking a fair and balanced decision. You need to consider all relevant concerns raised by you and your neighbour. You also need to think about the impact on the neighborhood. For example, the hedge could help make the area an attractive and pleasant place. In Northern Ireland, if there is an agreement in the title deeds of the property in question that limits the height of a boundary hedge, you may be able to take legal action. However, this can be very expensive, and so you should try to find an amicable solution with your neighbor if possible. If you have taken the steps listed under About the Garden Hedge and can answer „yes“ to all of the points listed below, the local board will likely be able to review your complaint. This publication can be consulted www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council stick to the facts and provide all relevant information to support your arguments.
For example, specify the location, type and height of the trees or shrubs in the hedge and, if desired, attach a plan. Once they have all this information, the Council will evaluate it. You will decide if the hedge interferes with the enjoyment of your house and its garden or yard and, if so, what to do. Mixed hedgerows, which contain certain species of hardwoods, are also covered by the law if the deciduous trees are found in a predominantly evergreen hedge. If a hedge next to your property has become too big, first contact your neighbor to see if you can find a solution and settle the problem amicably. Before you can complain to the local council, you must prove that you have taken reasonable steps to resolve the coverage dispute. Is the hedge (or the part of it that is problematic) a „high hedge“? Is the hedge: To help you test the strength of your case, it might also be helpful to read High Hedge`s Complaints: Prevention and Cure. For example, Chapters 4 and 5 of this guide provide detailed guidance on what boards look for when making decisions about complaints. For the complaint to be considered valid, the protection must relate to national property. The legislation on high hedgerows was designed so that the general public could use it without the need to consult lawyers.
It would be a simple sequence of events: if you meet the criteria, council will contact your neighbour and invite them to discuss the issue and present their own case. A municipal official will also examine the hedge and the surrounding area itself and, for example, examine your garden in the context of the hedge in question. The Council will write to your neighbour and ask for corrective action within a certain period of time. This may mean reducing the height of the hedge or trimming it to a certain level and keeping it at that level. Does the height of this hedge interfere with the enjoyment of a house you own or occupy and/or its garden or garden? Tall hedges can be troublesome, especially when neighbors can`t agree on an appropriate height. However, the legislation now gives people whose gardens are overshadowed the opportunity to solve the problem with the help of the local council. Before taking action, consider the following areas that are not included in the legislation for high hedges: The council can use government guidelines to decide what might be the best height for the hedge. There are guidelines (not mandatory) regarding the height of government hedges and light loss. The Commission should act as an independent and impartial third party. They do not negotiate or mediate between individuals, but will judge whether the protection negatively impacts the proper enjoyment of your property. They take into account all relevant views and factors and assess each case separately.
The one that keeps living or green leaves all year round. This does not include privet hedges, which shed all their leaves in winter, nor beech or hornbeam hedges, which keep leaves dead in winter. If the hedge contains protected trees, you may need a separate permit from the board to trim overhanging branches. At present, neither Northern Ireland nor Scotland has legislation on high hedges. Also note that the council cannot order the complete removal of the hedge. Also, don`t be tempted to cut or trim the hedge yourself (unless you`re overlooking your own property), as you could be committing a crime. It is a criminal offence not to do what requires a notice of appeal. Such an offence is punishable by a fine of up to £1,000. In addition, the Council may enter the country and carry out the necessary work. Chapter 9 of High Hedges Complaints: Prevention and Cure provides detailed guidance on enforcing appeal orders. Your neighbor usually doesn`t need permission to plant a hedge in their garden. There are also no general restrictions on the height at which they can grow the hedge.
However, there are still ways to help you if your neighbor has planted a hedge that has become too high and is causing a nuisance. The staff member will also be provided with other facts that he or she needs to decide on his or her complaint. For example, you can measure the size of your garden or the distance between the hedge and the windows of your house. You may complain about problems you have in a house you own or live in, and/or its garden or yard because of the height of the hedge. You need to explain what and how serious these problems are. If a border hedge belongs to my neighbour, do I have to return the hedges on my side to my neighbour? Yes. The same principles apply as for the return of overhanging branches. In practice, there is usually an unofficial agreement between neighbors, but it may be worth it if you have recently moved. If the hedge owner is unwilling to do anything about the hedge, let them know your intention to file a formal complaint – and keep written records of your conversations with your neighbor. If you haven`t already, write a letter to your neighbor. If necessary, keep a log of events. These records are important when you file your complaint and contact your local authority.
If the council has enough information, it will assess all the facts and what you and your neighbour are saying and decide whether or not the hedge will have a negative impact on your enjoyment of your garden and property. Note that this process can take at least three months, so patience is required. Subsidence can be caused by the roots of a hedge absorbing moisture from shrinking soils. The law explicitly states that councils cannot deal with problems caused by roots. The Commission should decide whether the protection will affect your „reasonable enjoyment“ of your property and, if so, what measures (if any) should be taken to correct the situation or prevent its recurrence.