High hedges have been the source of much litigation. The main reason is that there is a clash of interests: one neighbour wants more privacy so grows his hedge height, the other neighbour wants light so wants to reduce the hedge height. The
position in common law is that although you occasionally see an express right to light given in deeds, such a right is rarely
implied in law, and where it is it is usually in a city environment where tall buildings are in close proximity and certainly not in your average domestic property context. You can take action in other situations which depend on the laws of nuisance or
trespass e.g. if roots from a
neighbour's tree cause subsidence you might claim damages and/or an injunction in nuisance, or if branches from a neighbour's tree overhang, they can be a trespass in your airspace and you can lop them off and put them over the fence. But at common law at least there is no general right to insist that your neighbour reduces the height of his hedge to give you more light to your property. However as a result of a number of fraught cases which might loosely be put under the heading of 'Battles of the
Leylandii', the government enacted Part 8 of the Anti-Social Behaviour Act 2003
http://www.opsi.gov.uk/acts/acts2003/ukpga_20030038_en_1 . This gives Local Authorities powers to require the owner/occupier of premises to reduce the height of a High Hedge which adversely effects the reasonable enjoyment of a neighbour's property. The term High Hedge means a barrier to light and access formed wholly or predominantly by a line of 2 or more evergreens, and rises to a height of over 2 metres above ground level. If there are gaps in a hedge it may not qualify. If satisfied that there is a High Hedge as defined and that the neighbouring property is adversely affected, and upon completion of a complaint form and payment of the fee (currently £350, £175 for those on means-tested benefits), the Local Authority can issue a Remedial Notice requiring the owner to take steps to alleviate which usually means cutting the height of the hedge, although not to under the magic 2 metre threshold. Failure to abide by the Notice can result in a fine by the magistrates court, in effect making
Leylandii abuse a criminal offence. However, the Council cannot accept a complaint unless parties have first tried, unsuccessfully, to settle a dispute without Council input. Evidence must be produced of such efforts. If you are the aggrieved person the kind of letter you might consider sending is as follows:
Dear Mr Hedges,
I enjoyed our talk the other day. I hope you enjoyed the lettuces from my patch!
I am sorry to write to you about what we spoke about then but I do need a response from you. I am only asking you please to discuss with me some lopping of your hedge by an agreed amount so as to allow some natural light to come into my living room, whilst preserving a height which will afford you all the privacy you reasonably require. Could we arrange another time to meet and discuss? I am advised that if we do not agree I can ask the Council to investigate which may result in their serving what is known as a Remedial Notice which would require you to reduce the height possibly as low as 2 metres. I do not want to invoke this procedure unless we absolutely cannot agree and I hope we can work together on this point.
Please give me a ring or email me. I look forward to hearing from you.
Yours truly,
......................................................
Happy hedge trimming!
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