High hedges are the cause of many disputes between neighbours. But disputes may also arise from damage caused by tree roots or the responsibility of pruning boundary hedges.
Below are some common hedge and tree questions and our advice on how to deal with them.
Who is responsible for pruning our boundary hedge?
Tenants and leaseholders are responsible for the maintenance of shrubs and hedges in their gardens. You should not allow boundary hedges to over-grow public footways and roads and keep the height of hedges in rear gardens under control so they do not become a nuisance to neighbours. If a neighbour's hedge grows into your garden you are entitled to cut it back to the boundary line.
My neighbour's hedge goes over my boundary - can I cut it back?
Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour's permission. However, you must not cross the boundary to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. Notifying your neighbour of your intentions is always advisable.
You should not dispose of the branches or any other waste material from the hedge over your fence into your neighbour's garden. But first ask your neighbour if they wish to have the material returned to them. If they don't want it, it will be your responsibility to dispose of it.
If a tree or trees within the hedge are protected by a Tree Preservation Order, or is located within a conservation area, the Common Law right is removed and you need permission from the council to trim the hedge.
I have a fast-growing conifer hedge on my boundary. Will the council prune it for me?
The council will not prune hedges in tenant's gardens, but may in some cases agree to remove fast-growing conifers if they are causing a nuisance.
I have a big hedge near my property, I am worried about the damage the roots may be doing to my house. What should I do?
Tree roots may potentially cause damage to built structures in two ways:
Direct damage:
This is when the physical expansion of tree roots lifts paving stones and cracks walls. Due to the weight of a house, no amount of physical expansion will affect it. But garden walls and small structures such as garages or outbuildings may be at risk.
Indirect damage:
Large built structures including houses which are sited on clay soils can be affected by a tree's removal of moisture. Clay soil shrinks as water is extracted from it and this can lead to subsidence. If a building has been built on clay soil near an existing tree, and that tree is then removed, the soil may expand which can cause heave.
The risk of such damage may be greater with older properties. Modern building standards mean that the risk to newer buildings is less. Tree-related subsidence is usually seasonal, with cracks appearing in the summer months as the tree uses the water, and then closing in the winter months as rain wets the soil. Contact your buildings insurance company if you feel roots are responsible for any damage.
I think the hedge roots are blocking my drains - what can I do?
It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree. However replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring. Contact your buildings insurance company if you feel roots are responsible for any damage.
The hedge roots are lifting paving slabs and/or affecting my drive - can I cut the roots of a protected tree?
Cutting the roots of any tree is generally not advised as it may affect the tree's health and stability. If a tree is covered by a Tree Preservation order, or if it stands in a conservation area, an application will be required before root pruning can take place.
More information:
For more information on trees and hedges please contact Colin Horton on 01724 297398. Email colin.horton@northlincs.gov.uk.