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Trees & Hedges

Unfortunately there is no law that says that trees and hedges must all be a specific height and/or breadth.

A tree or hedge belongs to the owner of the land on which it grows even if its branches or roots go over or under adjoining land. This includes the branches and the fruit of any tree or shrub.

This even applies to windfall apples etc. However, falling leaves and fruit still belong to the owner of the tree or shrub. The law does not require the owner to come and sweep up the leaves or pick up the fruit.

You are not allowed to go onto your neighbours land or to lean over it to cut your hedge. You need the permission of your neighbour.

You have a right to "reasonable enjoyment" of your property. In order to determine whether or not a tree or high hedge has interfered with your reasonable enjoyment of your property will depend on the facts of each case.

The Local Authority can issue a "remedial notice" to your neighbour requiring him to take immediate action to reduce the height of the hedge.

In order to come under the legislation the following conditions must be met:

• The hedge is formed wholly or predominantly of a line of at least two evergreen or semi evergreen trees or shrubs
  
  
• The hedge is more than 2 metres in height
  
  
• You are a residential owner or occupier
  
  
• The height of the hedge adversely affects your reasonable enjoyment of your property
  
  
• If the hedge does not fall within the above conditions, then your only remedy may lie in an action in Nuisance and you may have to go to court to get an injunction against your neighbour

Before you consider taking legal action you should always attempt to resolve your dispute with your neighbour first and give your neighbour the opportunity to remedy the problem before involving the Local Authority or the Court.