What to do when the neighbour's hedge becomes all too much
July 12, 2009
For many of us, it can often prove mission impossible to love our neighbour when it comes to disputes. Other than noise, one of the most common disputes literally arises from that unloved evergreen hedge which appears to grow at a faster rate than our utility bills. Normally, high hedges are dealt with under Part 8 of the Anti-social Behavioural Act 2003 which came into operation on 1st June 2005.
If you have tried and exhausted all other avenues for resolving your hedge dispute, you may as a last resort contact your local authority. However, in order to register a complaint, you will be asked by your local authority to pay a fee and in certain cases, this can be substantial. The reason for the large fee is to dissuade you from taking this course of action unless it is the position of last resort.
The role of your local authority is to adjudicate on whether - in the words of the Act, the hedge is adversely affecting the complainant's reasonable enjoyment of their property. The local authority must in its role be seen to be striking a balance between the differing interests of the complainant and the hedge owner as well as the interests of the wider community. For example, is the hedge a feature that by virtue of its height and location, positively contributes to the local character of the area?
If the authority believes there is a cause for complaint, it will issue a formal notice to the hedge owner which sets out what they must do to rectify the problem and by when. If the owner fails to do this, it could land them with a £1,000 fine.
Please recognise that local authority intervention is the position of last resort.
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