Gardner Leader

'Leylandii Law'

They say that good fences make good neighbours.  Stuart Durrant, Conveyancing Partner at Gardner Leader Solicitors, has a privet hedge and on the other side of it is a very pleasant neighbour who he has never met or even seen but they speak, not over the fence but through the hedge as it were, and exchange views about the height of the hedge which divides us. What Stuart views as a fantastic boundary feature, his neighbour (he suspects) views as an oppressive blanket of light-sapping foliage. In this article, Stuart explains the legal issues relating to hedge disputes between neighbours.

Two weeks after my initial conversation with my neighbour over the hedge, I am precariously balanced on two scaffolding boards supported by two sets of ladders which in turn are supported by two reluctant teenagers, and I am hacking at the offending hedge. Fortunately, my wife is close at hand to offer advice on the bits I’ve missed.

Most of the headlines regarding hedges have centred on the infamous leylandii which is the focus of thousands of disputes between neighbours; in fact, the government has estimated that there could be up to 17,000 unresolved neighbour disputes over high hedges.

A law dealing with this problem came into force almost three years ago in June 2005. Part 8 of the Anti-social Behaviour Act 2003 created procedures to enable local authorities to deal with complaints about high hedges. It is clearly better if disputes can be settled between the parties concerned but, where negotiation fails, a complaint can be made to the local authority acting as an independent third party.

If the complaint is justified, the authority can order the owner to reduce the height of their hedge. However, there is no general requirement that all hedges should be kept below a certain height. In particular, it is not illegal to plant leylandii, and it is not illegal to have a hedge more than 2m high. Both of these are myths are often repeated, but are incorrect.

The Council will change a fee for this service which is set locally and can vary from about £100 to more than £600, which cannot be reclaimed.

The criteria for a complaint are that:

• The hedge in question comprises wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs;

• It is over 2 metres high;

• The hedge acts, to some degree, as a barrier to light or access; and

• Because of its height, it is adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden).
How the local authority will deal with the complaint
The local authority decides whether the height of the hedge adversely affects the complainant's reasonable enjoyment of their property, including the garden. If so, the authority then considers what action, if any, should be taken.

Even if the local authority finds that a hedge is adversely affecting the complainant's property, it may decide that the arguments in favour of retaining the hedge are stronger and that no action should be taken.

One problem which has emerged with these regulations is that if a high hedge is cut back in one go, it might die. The Anti-social Behaviour Act 2003 prevents local authorities from ordering works that involve reducing the hedge to below 2 metres in height or its removal. It is, therefore, likely that works that would result in the death or destruction of the hedge amount to the same as removing it and so are outlawed under the 2003 Act.
Appeals
Both hedge owners and complainants can appeal against the local authority's decision, but failure to comply with the requirements of a remedial notice is an offence and could lead to a £1,000 fine.

One positive note occurred to me from my ladder – there is no provision in the Act to serve an Anti-social Behaviour Order (ASBO) on me if I fail to complete the job!

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