The Daily Telegraph - Saturday
How not to fall out with your neighbours over a fence
Boundary disputes can be ugly; being wealthy does not provide immunity,
Who remembers the episode of the 1970s sitcom The Good Life where the neighbouring couples go to war over a windbreak in the Leadbetters’ garden and then end up all getting tipsy on the Goods’ homemade wine?
Boundary disputes are, however, often no laughing matter for homeowners and can sometimes turn ugly, resulting in chainsaws and even court orders. And being wealthy or an A-list celebrity does not provide any sort of immunity.
Earlier this month, property tycoon Mark Dyer and his wife, Clare, were defeated in a three-year legal dispute over the 26ft hedge next to the helipad at their house in Surrey, which neighbours claimed had turned their idyllic hamlet into a “battlefield”.
Now J K Rowling has come into strife with her neighbours after carrying out routine maintenance on the leylandii hedge next to her
£2.2 million home in Edinburgh.
The trimming, which takes place every three years, has led to temporary four-way traffic lights outside the author’s house and caused huge tailbacks.
Whether it’s the Beckhams’ manmade lake, Robbie Williams’s underground swimming pool or Ed Sheeran’s giant gazebo, property disputes can cause headaches for everyone involved.
Whose hedge is it anyway?
Mike Hansom, the head of property disputes at BLB Solicitors in Bath, says that neighbourly disputes over hedges are very common. “Perhaps your neighbour has failed to manage their own hedge (or their side of it) or, whether well-meaning or otherwise, they have inflicted a cruel short back and sides on your luscious privet, box or laurel,” he notes. All can cause consternation.
Hedge disputes are, in fact, so prevalent that the so-called High Hedges Act is actually part of the Anti-social Behaviour Act 2003. The legislation gives powers to the local authority (LA) to serve a remedial notice on a landowner if they have an evergreen hedge – consisting of at least two evergreen or semievergreen trees or shrubs – in instances where it is more than 2m (6ft) high and, crucially, if it is a barrier to light for the neighbouring property.
The right to light
In fact, Goli-Michelle Banan, the head of residential real estate at Lawrence Stephens law firm, says they sometimes have to rely on
“right to light” surveyors in particularly tricky cases. “We had one where the neighbour of a client built a fence that was much higher than the one before. They said it was for privacy reasons, but our client argued that it was not just unsightly, it also blocked the light coming into their garden.”
The matter was finally resolved legally and Banan says it’s often wealthier clients with bigger gardens who have these sorts of issues. “It’s more common in cases where neighbours have a shared pathway, larger properties or blurred boundary lines,” she explains.
Love thy neighbour
So how do you broach it with your neighbours if the hedge has got out of control?
Hansom advises approaching them directly to begin with and outlining the cause of your complaint. “Trying to resolve things quietly in the first instance can save you a considerable amount in legal costs,” he notes.
If that fails, you should put your complaint to the LA, and you will also have to pay a fee to the council.
The importance of boundaries
In some instances, however, it can be unclear as to where the property boundaries lie, in which case, you should always consult the property deeds. If they happened to get lost in the attic or eaten by the dog, you can contact the Land Registry, who should be able to provide you with a copy.
Alex Ventress, a property expert at The Property Buying Company, says that, ultimately, it is up to the home owner to maintain their property and keep their garden tidy. “Avoid neglecting your hedge as this could lead to overgrowth that may obstruct views or cause inconvenience to your neighbours. Respect their space and avoid encroaching on their land with your hedge.”
So, ultimately, you really need to try to nip it in the bud before your hedge gets out of control and keep things amicable with your neighbours before they bring out the chainsaw.
‘Your neighbour may have failed to manage their own hedge, or cruelly cut back yours’