What can you do if you are unhappy with a neighbour's hedge?

"The farmer with land opposite our property... has let the hedge opposite us grow well over 6ft and it's untidily restricting our view. What can we do?"

Trim any overhanging branches - Any parts of the hedge that protrude onto your land, you may trim back to the point at which they cross the boundary. (Note: This does not mean that you can trim the height of the hedge, just the overhanging branches / foliage. You must also do this from your own property unless your neighbour gives you permission to use their land for access.)

Speak to your neighbour about the problem - It may be that they do not realise how it affects your property, or that you can come to some compromise about the hedge height.

Use the Antisocial Behaviour Act - If you have spoken to your neighbour and you are unable to solve the problem, you can ask your local council to intervene using their powers under Part 8 of the Antisocial Behaviour Act 2003. This should only be used as a last resort and the council can refuse to intervene if they do not consider that you have done all you can to informally resolve the dispute first.

Complaining to your local council

If you would like your local council to investigate your complaint the hedge in question must meet the following criteria:

  • Be rooted on land belonging to someone else
  • Be made up of a minimum of 2 or more trees or shrubs
  • Be mostly made up of evergreen or semi-evergreen trees or shrubs
  • Be more than 2 metres tall
  • Be capable of obstructing light or views

You can complain to your local council if you are the owner or occupier (e.g. landlord, tenant or resident owner) of the affected property. The property affected must however be residential (i.e. not a business or warehouse).

When considering whether a hedge height detracts from the reasonable enjoyment of your property or garden, the council will consider all relevant factors, including light, views and the home owner's need for privacy.

Note: Be aware that most councils charge a fee to investigate your complaint. This can be up to £650, though the average charge is around £300. People with lower incomes will generally be eligible for a discount.

Further information on complaining to the council about high hedges can be found in this document on the government website

Remedial Notices

If the council considers that the hedge is too high, they may impose a remedial notice. This requires the hedge owner to remedy the problem and prevent it reoccurring.

Key facts about remedial notices:

  • A remedial notice is likely to include a long-term provision to prevent the problem reoccurring (for example a requirement to annually trim the hedge to prevent it growing over a certain height).
  • A remedial notice cannot require a hedge to be cut lower than 2 metres or removed entirely.
  • A remedial notice is both binding on the current hedge owner or occupier of the premises, and any future successor owners or occupiers.
  • A remedial notice will be registered as a local land charge against your property (in the same way as any other restriction such as a right of way or easement).
  • A remedial notice can be relaxed or waived at a later date by the local council. However both the complainant and the owner/occupier of the land containing the hedge will be notified if this is proposed by the council.

A remedial notice can be appealed. All appeals are dealt with by the Planning Inspectorate. There is no fee for appealing a remedial notice, but parties have to bear their own costs (for example any legal fees if you wish to get help from a solicitor).

Enforcement

If the owner/occupier fails to comply with a remedial notice, then can be fined up to £1000. The council can, in addition to the fine also require compliance with the notice within a specified time period.

Failure to comply within that period could lead to a further fine of up to £1000, plus a daily fine of up to £200 for every day that the notice is not complied with.