Boundary Hedge

[monkeyblonde]

I have posted on here previously with regards to a neighbour's extension which will adjoin the boundary and cause loss of light on our property. This has been permitted and it appears that the neighbour is making arrangements for works to start. As the neighbour did not consult us prior to obtaining permission there is no way that they will discuss the works with us.

The issue that we have is that in order to construct and fit the extension the boundary hedge that we have will have to be cut back, which they have started on today. Half of the hedge is on either side of the boundary (ie boundary down the middle of hedge).

It is my understanding that this is not allowed without our consent. Can anyone give any previous experience of similar issues? I would rather put something formal in writing to them.

It is likely that they would need access from our property to construct the extension and I am aware that we do not have to grant this.

They do not need your consent to trim the hedge back to the boundary.

And if they are removing more than half (further than the boundary, which they are)?

Permitted in accordance with planning permission is not the same as being allowed to breach your right to light, or trample over your common law and statutory rights.

If you want to know if there’s anything you can do about it you need to take this to a land law specialist solicitor (ie do not rely on this anonymous message board).

If they go over your boundary, they risk having the extension demolished, when they've done th first course of bricks get a local building surveyor to check your boundary against your title and get a report done and sent to neighbours. Involve building control if you need to.

Oh these sorts of disputes can go on for years and cost £1000s and seemingly never be resolved. A dear elderly relative of mine has a boundary dispute where the conifer hedge (now dead following the drought the other year) has overgrown into relative's house, compounded by the fact they put a fence up actually on relative's ground ... 8 years on, solicitors, surveyors, the council have not been able to help and my relative cannot maintain her garden room properly. The other party is v wealthy and hoping to sit it out.

So very good luck with resolving this.

Try posting on gardenlaw.co.uk forum. Lots of useful information and helpful and knowledgeable people on the forum. As I understand it - and I am not an expert - it depends on whose hedge it is (which side of the boundary it was planted on.). If it is yours they can’t cut it beyond the boundary. If it is theirs they can do what they like, however un- neighbourly.