High Hedges
& High Trees
H
edgerows in the countryside, and their conservation, is a quite
different subject from the management and regulation of hedges around houses,
and, more specifically, between neighbours. For this reason, the Hedgerow
Regulations 1997
specifically exclude any hedgerow which is within, or borders,
a domestic garden.
In England there is now another law which applies to hedges
specifically, the Anti-social
Behaviour Act 2003.
There are also various other concerns and factors to take into account.
•
There is no law at all which applies generally to the height of trees, unless
they are in a hedge which falls under the Anti-social Behaviour Act 2003 - and
even that is not specific.
• There is, and will be, no law which prevents anyone planting Leyland Cypress
(or Leylandii) trees, or any other species of tree, anywhere they have a right
to do so. The new law does not change this.
• Any branch or root which crosses your boundary can (normally) be cut off
by you without your neighbour's consent, but see here
for important cautionary notes.
• There is no such thing as an automatic 'right to light', although rarely
there might be such rights attached to a specific property, see here
for more.
• If you think a neighbouring tree/hedge is a danger to you/your property,
you might be right, but that means nothing in law. It is very hard to genuinely
assess the safety of any tree without professional training, and your opinion
will count for little (unless you've got the appropriate qualifications). You
need a tree consultant to advise you - not just a local chainsaw operator. Your
home insurance provider might also be helpful- some are very proactive in this
sphere.
Maybe your hedge or tree problem falls outside the new 'High
Hedges' law. Well, there are some other things you can try. If you are concerned
with 'problem hedges' - by which we mean hedges, usually in domestic situations,
which cause a dispute between neighbours - you should visit Hedgeline,
a campaigning group campaigning about such things. There is more information and
advice there.
For the latest government advice on this, and some useful downloadable
information, see Trees
and High Hedges from the Department
for Communities and local Government.
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