Can I force a neighbour to cut back their trees or hedges?
We are commonly asked by homeowners if they can force their neighbours to prune back nuisance trees or hedges near their property.
Unfortunately, in most cases the answer to this is NO!
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees.
Trees can cause a massive nuisance to neighbours if not maintained properly and kept to an manageable size in relation to their surroundings.
This picture demonstrates how a Conifer hedge can soon get out of control if not trimmed regularly, both for the neighbours, but also the homeowner!!
If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of the Antisocial Behaviour Act 2003. There is usually a charge for this process. The LPA will consider the complaint using standard government guidance set out in a document called Hedge Height and Light Loss.
If your complaint is successful the LPA will determine an Action Height to which the height of the hedge must be reduced.
This information can be found at the Arboricultural association, however further reading can be found at:
AA Tree Protections Brief Guide
Over the Garden Hedge (DCLG website)
Hedge Height and Light Loss (DCLG website)
More detailed information on TPOs: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO
If your neighbour’s tree or hedge is dangerous and is a hazard to your property then there is action that can usually be taken. In this situation you could contact us for further advice.
It is always better to settle a dispute about trees amicably and it is recommended that you try to resolve it by talking to your neighbours first.
If you have any concerns regarding yours or your neighbours trees then we would be pleased to come and undertake a free no obligation visit, click below to arrange:
