Are you an Anti-Social Neighbour?
If you have tall hedges lining your garden which block out
light to your neighbour’s garden or main areas of their house, then a claim may
be made against you for adversely affecting the reasonable enjoyment of a
domestic property.
The Anti-Social Behaviour Act 2003 makes it possible to
bring a claim against a neighbour if their hedge is too high. Although there
are generally no legal restrictions regarding the height of a hedge, the 2003 Act
as well as the High Hedges (Appeals) (England) Regulations 2005 give local
Councils powers to deal with complaints regarding the heights of hedges. Common
law rights also exist allowing neighbours to cut overhanging branches from
hedges or trees back to the boundary line separating two properties (provided
no other legal restrictions apply.)
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| Article by Kagowa Kuruneri |
So, if your hedges are more than two metres tall and are
formed wholly or predominantly by a line of two or more evergreens, a complaint
can be made against you pursuant to the Anti-Social Behaviour Act. These rules
are in place and can be enforced to ensure that there is no significant loss of
light or daylight to a neighbour’s garden or home.
There are various calculations that can be used to determine
an “actionable” hedge height (i.e. whether the height of the offending hedge is
a legitimate cause of loss of light or daylight to a neighbouring house or
garden.) However, it is the local council who generally determines whether the
complaint is actionable. Therefore, the council are permitted to charge for
their services and may reject a claim if they believe it to be frivolous or
vexatious, or if they are not satisfied that attempts haven been made to
resolve the matter by alternative amicable means. It is for this reason why any
costs that arise in association with the council’s service are borne by the complainant.
The council’s role is to determine whether or not the hedge
in question is adversely affecting the use and enjoyment of the neighbour’s
property. Their role is adjudicative and they are able to impose remedial
notices on the offending party, requiring them to take corrective action. Should
a notice be ignored or incorrectly executed, then it may be enforced through
criminal proceedings or carried out by the council themselves.
If you are having issues with your neighbour's shrubbery or are
concerned that you may be liable for a claim, feel free to contact us via email or connect with us on LinkedIn.
Tel: 01992 422 128
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
