Filmed cutting hedge
Discussion
Appreciate some guidance. See photos. Our close (8 houses) has been getting fed up with an overgrown area on entrance to the close that is council owned but never maintained (in at least 15 years). Various neighbours have done an it over the years. Action was needed so we have been hacking it back over the last 2 weekends. It was not possible to get 2 cars past each other before we started (unfortunately we didn’t take photos). The bushes sticking out a few feet and some of the tree branches well over half the width of the road. Neighbour behind this area has now come out and complained because “it gives my back garden security”. His wife is a lawyer and he stated he thought what we were doing was not legal. We carried on. Interestingly he’s cut most of it back in his garden but left it to grow wild on “our side”. Are we within our rights to cut it right back to the fence ? What if doing that killed the plants ?
Job not finished yet but we intend to take it back to at least the kerb higher up and cut back the “elbow” below the canopy further as well.
Legal thoughts ?
Job not finished yet but we intend to take it back to at least the kerb higher up and cut back the “elbow” below the canopy further as well.
Legal thoughts ?
I think it's your neighbour's legal responsibility to trim back the overhanging edge.
https://www.dfalaw.co.uk/hedge-cutting-legal-dutie...
https://www.dfalaw.co.uk/hedge-cutting-legal-dutie...
Link said:
The Highways Act 1980 and Wildlife and Countryside Act 1981 oblige owners or occupiers of land to ensure that:
nesting birds bats and other wildlife and not disturbed by hedge cutting activities;
hedges and trees do not cause an overhang hazard or otherwise obstruct the highway;
growth from hedges and trees do not restrict visibility of road signs and street lights; and
clippings from hedge cutting activities do not cause a highway hazard.
nesting birds bats and other wildlife and not disturbed by hedge cutting activities;
hedges and trees do not cause an overhang hazard or otherwise obstruct the highway;
growth from hedges and trees do not restrict visibility of road signs and street lights; and
clippings from hedge cutting activities do not cause a highway hazard.
Countdown said:
I think it's your neighbour's legal responsibility to trim back the overhanging edge.
https://www.dfalaw.co.uk/hedge-cutting-legal-dutie...
This is interesting, could they take action against council and the occupier having had to do it due to prolonged neglect. That would be great to hear.https://www.dfalaw.co.uk/hedge-cutting-legal-dutie...
Link said:
The Highways Act 1980 and Wildlife and Countryside Act 1981 oblige owners or occupiers of land to ensure that:
nesting birds bats and other wildlife and not disturbed by hedge cutting activities;
hedges and trees do not cause an overhang hazard or otherwise obstruct the highway;
growth from hedges and trees do not restrict visibility of road signs and street lights; and
clippings from hedge cutting activities do not cause a highway hazard.
nesting birds bats and other wildlife and not disturbed by hedge cutting activities;
hedges and trees do not cause an overhang hazard or otherwise obstruct the highway;
growth from hedges and trees do not restrict visibility of road signs and street lights; and
clippings from hedge cutting activities do not cause a highway hazard.
We didn’t contact council as our view was they would do nothing about our little close “problem”. If our neighbour wishes to dispute, I will put pressure on the council to come and take it back “professionally to the fence line” to aid egress to the close and prevent us elderly residents doing the councils work to keep it clear.
I wasn’t worried about his “concerns” really hence carrying on, but would like to get solid ground in case a letter drops through the door.
I wasn’t worried about his “concerns” really hence carrying on, but would like to get solid ground in case a letter drops through the door.
Doesn't seem to be too many legal types on here but you never know.
I would say if not his land, nothing to do with him and council has not done it's dues esp keeping access clear under the Act mentioned above, won't become a criminal damage matter as at least council have a duty to maintain it so any letter could be from his wife and likely some stupid thing that a court would laugh at as they can't claim for damages if it's not their property, it was technically illegal growth obstructing highway according to the act and council likely also had liability for any children getting eyes poked out or damage done to cars but I am unsure about that one.
I would say if not his land, nothing to do with him and council has not done it's dues esp keeping access clear under the Act mentioned above, won't become a criminal damage matter as at least council have a duty to maintain it so any letter could be from his wife and likely some stupid thing that a court would laugh at as they can't claim for damages if it's not their property, it was technically illegal growth obstructing highway according to the act and council likely also had liability for any children getting eyes poked out or damage done to cars but I am unsure about that one.
Edited by NFT on Saturday 7th October 16:13
The obligation for one's hedge not to obstruct the pavement goes up to IIRC 2.5m above the tarmac,
I think you could be out of order trimming anything above this level.
A vehicle roadway is supposed to have a greater clearance, I'd suggest looking up the numbers.
The issue may be complex, because the land of the footpath might actually belong to the house not the highways authority.
If you stray one millimetre inside his boundary, you're very much in the wrong.
The correct and reasonable way forwards is to get your local council to tell them to cut their own hedge.
But personally, where some neighbours really don't care, or the land ownership isn't clear, I think cutting the hedge to keep the pavement passable to a height of 2.5m is reasonable, I frequently snip off brambles and similar starting to block a footway.
I feel it's a little different hacking back a plant that somebody wants, just because it overhangs a pavement where very few people ever walk.
Some grey areas in between.
Including some throbbers around here who let there plants grow halfway across the pavement and then park their cars on the other half. Either/or is OK IMHO on a lightly used pavement, not both.
I think you could be out of order trimming anything above this level.
A vehicle roadway is supposed to have a greater clearance, I'd suggest looking up the numbers.
The issue may be complex, because the land of the footpath might actually belong to the house not the highways authority.
If you stray one millimetre inside his boundary, you're very much in the wrong.
The correct and reasonable way forwards is to get your local council to tell them to cut their own hedge.
But personally, where some neighbours really don't care, or the land ownership isn't clear, I think cutting the hedge to keep the pavement passable to a height of 2.5m is reasonable, I frequently snip off brambles and similar starting to block a footway.
I feel it's a little different hacking back a plant that somebody wants, just because it overhangs a pavement where very few people ever walk.
Some grey areas in between.
Including some throbbers around here who let there plants grow halfway across the pavement and then park their cars on the other half. Either/or is OK IMHO on a lightly used pavement, not both.
xx99xx said:
Where does the 'filmed' bit fit in to this?
In the morning he came out to remonstrate with my neighbour. Then when I took over in the afternoon he came out to “talk to me”. I was extremely polite and explained what we were doing and why. This was when he said I’m going to consult with Mrs and get my phone to take pictures. That’s when he came out, said his bit on legality and began to take pictures and film what I was doing. I went and got my phone and took some pictures too.Ref above the land most definitely isn’t his. One of my neighbours has been in the close since it was built and has all the land registry documents apparently. It was originally grass, but the person who owned the property before him many moons ago (at least 15 years ago) planted some shrubs and then never maintained. No idea why that person planted anything as it isn’t theirs and they can’t see it from their house. I believe the ivy originated in neighbours garden but has now been left so long it has overgrown the fence and outwards.
Definitely won’t be taking anything beyond his boundary. He was complaining about cutting it back level with the curb ! Point taken about 2.5m, I’ll check on that. Concern is around delivery lorries and bin lorry who previously had driving over the other side grassed area that the other neighbour maintains very well as can be seen in pictures #2&3
Edited by Steve Campbell on Saturday 7th October 17:33
Edited by Steve Campbell on Saturday 7th October 17:36
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