Remedy for Neighbours who Suffer Hedge Neglect

Until the Anti Social Behaviour Act 2003 (ASBA) came into force recently, the legal remedies available against a neighbour who allowed his hedgerow to grow to an unreasonable height were few and expensive to carry through.

The consequences of hedge neglect are most unwelcome and lead to inevitable reduction in light to buildings or gardens, restriction of views and damp. The problem has been experienced nationwide and has caused much bitterness and animosity between neighbours. Hedgeline, a national lobby and support group, was set up to both give help and advice to those who were suffering (particularly in relation to high Leyland Cypress (Leylandii), and to bring about the legislation necessary to control the height of hedgerows.

Under ASBA, complaints may now be made to the Local Authority (LA) on the grounds that “reasonable enjoyment” of ones property (or any part of it) is being adversely affected by the height of a hedge growing on neighbouring land. However, the LA will not process a complaint unless it is satisfied that the complaining house owner has taken all reasonable steps to try and resolve the problem with his neighbour first and that the complaint is not frivolous or vexatious.

On lodging a complaint with the LA the complaining house owner will be charged a fee and the level of this fee will vary from one LA to another.

The following further conditions will have to be satisfied before the LA will process a complaint:-

the hedge must consist predominantly of a line of two (or more) evergreen or semi-evergreen shrubs;
the hedge must exceed two metres in height;
the hedge must be operating as an unwelcome barrier either to light or access; and
because of its height, the hedge must be adversely affecting the complaining house owner's reasonable enjoyment of his house or garden.

If the above conditions are satisfied then the LA, in assessing the complaint, will have to consider all relevant factors including the effect that the hedge may have on the wider amenity of the area. It will also take into account the views of the hedge owner.

If the LA concludes that the complaint is justified then a remedial notice may be issued and served on the hedge owner. The notice will inform the hedge owner of the action that has to be taken to remedy the problem and will set out a time scale for doing so. It will also warn the hedge owner of the consequences of his failure to carry out the necessary work. A remedial notice cannot require the hedge owner either to remove the hedge all together or to reduce it below a height of two metres from ground level.

If a hedge owner fails to carry out the works required by a remedial notice, the LA has the power to carry out the work itself and recover all costs from the hedge owner. If the hedge owner fails to pay those costs then the liability for payment may be registered against his property as a local land charge and this will be binding on any future owners of that property.

Complaints may not be made to an LA if:-

the property is used for business purposes. The Act only applies to hedgerows in residential property.
it relates to damage caused by roots from a high hedge;
the complaint relates the height of a single tree.

It is to be expected that LAs will become bogged down with complaints that until now have had no legal means by which they could be effectively resolved. The willingness of LAs to invest resources into resolving these disputes is going to vary from area to area.

Martin Evans
Partner
Lemon & Co Solicitors

This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact either Martin Evans by email on martin.evans@lemon-co.co.uk, David Halfhead on david.halfhead@lemon-co.co.uk, Gillian Summers on gillian.summers@lemon-co.co.uk, or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues or contact us on 01793 527141.

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				<p><strong><a href="http://www.lemon-co.co.uk/article_neighbours-hedge.php">Remedy for Neighbours who              Suffer Hedge Neglect</a></strong><br />
				Until the Anti Social Behaviour Act 2003 (ASBA) came into force recently, the legal remedies available against a neighbour who allowed his hedgerow to grow to an unreasonable height were few and expensive to carry through. ...</p>

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