Tree and High Hedge Disputes
A trees and high hedge dispute is a legal issue that arises when a neighbour's tree or hedge is causing damage or obstruction to your property. Solicitors can help you resolve the issue, claim compensation, or ensure that your property is legally protected.
Whether your neighbour has cut down your hedge, or you’re confused about which hedge is yours, we can help. Neighbour disputes are common and our network of experienced solicitors can help you resolve your issue quickly and with minimal fuss.
Contact us for a free case evaluation and quote for the services of a specialist lawyer.
How to deal with a tree or hedge dispute
High hedges and trees can become a nuisance especially when they are overgrown and neighbours can't agree on how high they should be.
Neighbour disputes are sensitive and can be tough to resolve. The best starting point to resolve a dispute is being aware of your legal rights, which we’ll delve into later.
It could be that a neighbour’s hedge, or a tree on their land blocks out your natural light. Whatever your dispute is about you should try to resolve it with your neighbour first.
Here are 5 simple steps you can take to resolve a high hedge dispute:
Speak to your neighbour to attempt to reach an agreement
See If you can apply for a high hedge notice
Apply for a high hedge notice
The council will assess your application
The council will make a decision
If the council doesn’t accept your application you can appeal against the council’s decision.
It’s important to note that the council is unlikely to grant a high hedge notice if you haven’t talked to your neighbour, or their landlord, about trimming it first.
Common tree and high hedge disputes between neighbours
Here are some of the most common tree and hedge neighbour disputes:
A neighbour's hedge or tree is blocking light in your living room.
A hedge or tree is stopping you from enjoying your garden.
A hedge or tree is overgrown and has become unsightly.
A hedge or tree’s roots are causing structural damage to your property.
When a hedge or tree overgrows the boundary between properties tension can arise between neighbours regarding maintenance responsibilities.
Determining the boundary between properties becomes challenging due to disagreements about where the hedge belongs.
When a tree or hedge is in a conservation area or protected by a preservation order you may require permission from the council to trim it.
What rights do I have if my neighbour’s trees are too high?
Your neighbour does not need permission to plant a hedge in their garden. However, if your neighbour has planted a hedge that becomes too high and causes a nuisance you can complain to the council who can issue a high hedge notice. If granted your neigbour will have to cut the hedge or tree back.
Remember, you should try to resolve the issue with your neighbour before bringing it to the council.
Can I sue my neighbour for tree damage?
You may be able to sue your neighbour for tree damage to your house or neighbouring buildings. The most common example is damage to the foundation of a building from tree roots.
You will have to request the court to take action and ‘abate the nuisance’ if proven you could win compensation. Abating the nuisance could include the removal of the tree from where the roots are encroaching.
You will likely be covered for this risk in your home insurance policy, however, to make a successful claim you should inform your insurer as soon as you are aware of the damage.
Can I trim my neighbour’s hedge or tree?
You can trim tree branches, roots and hedges that cross over into your property, or a public road.
However, you may only trim up to the property boundary, so you should familiarise yourself with the official property boundary before beginning. If you trim more than you’re entitled to, your neighbour could take action against them for damaging their property.
Another consideration here is, if you live in a conservation area or the trees are protected you might need permission from the council to trim them.
Is there a height limit for neighbour’s trees?
If your neighbour’s hedge or tree is over 2 metres tall and it’s affecting your enjoyment of your home or garden, you can make a complaint to your local council.
You may need to pay a fee for the council to investigate your complaint.
What is the maximum height of a hedge between neighbours?
In the UK, there is a maximum height of 2 metres placed on hedges in residential gardens. If your neighbour’s hedge is higher than this you should speak to them first. They might agree to cut it themselves or allow you to cut it back where it crosses the boundary between your properties.
If you are in a dispute with your neighbour and they are unaware of the restrictions, or refuse to keep up their maintenance duties, then you can complain to the council.
How can Lawhive help?
Our network of trees and hedges dispute solicitors can help you make a claim for compensation if your property has been affected by tree damage.
We can also help you understand your rights under part 8 of the Anti-Social Behaviour Act 2003 which permits local councils to deal with complaints about high hedges.
Book a free case assessment today to discuss your case.