Four ways you may be breaking the law with your hedge
Worried about your garden hedge? Find out how to stay on best terms with your neighbours and the birds, in our helpful guide.
A hedge is one of the best things you can add to your garden. Not only does a hedge filter and slow down wind, providing shelter for us and wildlife, it also absorbs noise and pollution, along with carbon dioxide and excess rainwater, which all help to improve our environment and even contribute to the fight against climate change.
A hedge also provides opportunities for wildlife – a mixed native hedge provides food and shelter for many species, including moth caterpillars, birds and hedgehogs, while a non-native hedge may provide nectar and pollen from flowers, along with shelter for nesting.
However, hedges must be well maintained, or they can lead to conflict between you and your neighbours. What's more, work on hedges must be done at the right time of year, as you could commit an offence by disturbing or destroying an active bird nest.
Find out about hedges and the law, below.
1. Height of your hedge
There's no law on how tall a hedge should or shouldn't be, but there is legislation (as part of the Anti-social Behaviour Act 2003) regarding high hedges, which makes it easier for people to resolve a conflict regarding a high hedge, without the use of lawyers.
A high hedge is considered as one that is taller than 2m. Specifically, a high hedge is:
- More than 2m tall
- Consists of a line of two or more trees or shrubs
- Is wholly or mostly evergreen
- Excludes bamboo and ivy
Is my hedge too tall?
- If your neighbours feel your hedge is too tall, they should first contact you and ask you to cut it back. If you are hostile towards them or ignore them, they might send you a letter, which they are encouraged to make a copy of for their records.
- If you won't negotiate with your neighbours, the high hedges legislation means they can contact your local council about the height of your hedge.
- The council will contact you and your neighbours, consider both sides of the argument, and either reject the complaint or issue you a notice to cut the hedge back. This notice will usually include a height to cut it back to and a time frame in which to do so.
- You can appeal the council's decision, but they may reject this based on how much the hedge affects your neighbour's 'reasonable enjoyment' of their garden.
- You should cut your hedge below the height specified by the council. This will allow the hedge to grow while staying within the height specified by the council. Then, keep it trimmed to the height specified by the council, or below.
2. Can I cut my neighbour's hedge?
If a boundary hedge does not belong to you, you are legally allowed to trim any part of it that overhangs into your garden, but you mustn't cut anything on the other side of the boundary. You should always inform your neighbour first.
What to do with hedge trimmings
If a boundary hedge needs trimming on your side, you can cut the hedge but you should offer the trimmings back to your neighbour as they are technically their property. Usually, you will be able to amicably establish an agreement whereby they take the clippings or you deal with them yourself. Don't just throw the clippings over into their garden, as this may be considered fly-tipping.
3. Boundaries – is it your hedge?
If you don't know which side the boundary hedge belongs to, ask your neighbours if they know, or check the documents your solicitor gave you when you bought your property, as they may contain information about boundary features.
Your or your neighbour's title register may provide information about who owns (or is responsible for) boundary features such as fences, walls or hedges, but they may not. This information is usually included only if it was mentioned in the original deeds lodged with the Land Registry when the property was first registered.
If you don't have a copy of the registered details with the Land Registry, you can usually download a copy online or apply for a hard copy by post.
According to the Land Registry, if the register or deeds contain information on boundaries, the most common marking indicating who owns a boundary feature is a 'T' mark, which also indicates who is responsible for maintaining it. However, you should also read the wording in the deed to confirm this.
4. Disturbing nesting birds
It's best to avoid trimming hedges during bird nesting season, typically from March to September. However, there is no law that specifically stops you from doing so, as long as you do not intentionally disturb any active nests while working.
Nesting birds are protected by Section 1 of the Wildlife & Countryside Act, 1981, which states that it is an offence to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built. Some birds, such as barn owls, have a higher level of protection. This means you must check your hedge thoroughly before undertaking any trimming work, and avoid doing so if you spot a nest.
If you spot a nest deep within the hedge, you might be tempted to trim it anyway, as you won't be cutting anywhere near the nest. However, consider how stressful this will be for the birds and the chicks in the nest. You could scare the chicks into fledging the nest early, which would likely kill them, and you may also expose the nest to the elements and predators, which would lead to the quick demise of the nest. If you find an active nest, it will be active only for a few weeks. Check back once a week to see if it's still in use, and start trimming only after the chicks have fledged.
More like this:
