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Your legal rights if your neighbour's hedge starts growing into your garden

Before you reach for the secateurs, here's what UK law actually allows you to do and what could land you in serious legal trouble.

[electricity garden scissors Trimming green hedges work in the garden]

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An overgrown hedge can ruin the look of your garden(Image: Witthaya Prasongsin via Getty Images)

No matter how well you get on with your neighbours, there are certain things that are always likely to cause a bit of tension. Failing to keep up with the gardening is a major one, especially where hedges are concerned.

If you're someone who prides themselves in having a neat, tidy garden, there's nothing worse than when a neighbour doesn't quite have that same inclination.

Spotting their hedge start to creep into your garden is enough to make anyone reach for the shears, but before you do, it's worth taking note of what you're legally allowed to do - and what might count as criminal damage.

[Lush Green Foliage Over Wooden Fence In Suburban Garden Providing Privacy And Texture]

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You are allowed to cut up until the boundary line(Image: Getty)

Can I cut my neighbour's hedge?

According to the official government website, you're entitled to cut back your neighbour's hedge if it overhangs into your property from their home or a public highway - but only under certain conditions.

You're only allowed to trim back to the property boundary, and your neighbour can actually take legal action if you exceed this.

Your neighbour has an obligation to make sure their hedges don't harm your property or become excessively high, so if any damage arises your neighbour may be found liable.

As well as this, you might be banned from cutting any foliage if you live in a conservation area, or the trees in the hedge are protected by a tree preservation order, so it's worth checking with your local council before doing anything.

Who owns the hedge?

Before you start to cut the hedge, you must first work out who actually owns it. The experts at Grasslands Nursery said: "Ownership usually comes down to your property deeds. A hedge growing just inside one boundary belongs to that owner; a hedge planted along the line itself may be jointly owned.

"Many deeds use a T mark to show which side is responsible for a boundary a T on your side means it is yours to maintain. If it is unclear, it is often treated as a shared responsibility, and a friendly conversation beats a formal dispute every time."

[Green hedge partially covering old wooden fence]

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Hedges are a common cause of neighbourly disputes(Image: Cavan Images / Oscar Bjarnason via Getty Images)

How high can a hedge legally be?

While there are laws around how high fences and garden walls can generally be, there isn't a strict rule when it comes to hedges. According to Above All Tree Care, your neighbours hedge can legally grow to any height on their own property, but restrictions apply when it affects your 'reasonable enjoyment' of your home.

The two-metre rule is more of a general guideline rather than a legal limit.

Local councils can check complaints about hedge heights based on several factors including the hedges impact on natural light, the affected propertys use, and whether the hedge serves a purpose.

The legislation targets evergreen hedges that form barriers, rather than individual trees or mixed plantings.

What happens if you cut a hedge illegally?

If any cutting take place on your side of the boundary, this may constitute an offence under the Criminal Damage Act 1971, unless there's a lawful justification.

You're entitled to pursue a civil claim for any damage caused, although it's always recommended to try speaking with your neighbour first.

If approaching them directly seems intimidating, think about writing a letter that sets out the problem clearly while sticking firmly to the facts.

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