A hedge must be evergreen, more than two metres high and blocking out light, access or reasonable enjoyment of neighbours' property for it to be considered offensive
Where it is needed, the local authority will be able to serve a remedial notice to the hedge owner to identify what they must do to sort the problem out.
If they fail to comply with the notice, they could be fined up to £1,000.
Get in touch with your Local Council.
2007-07-08 22:34:48
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answer #1
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answered by Sal*UK 7
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The High Hedges Regulations were introduced as part of the Anti Social Behaviour Act 2003 but only enacted in June 2005. An application for judgement can be made where there are at least two evergreen or semi evergree trees or bushes over 2 metres high which, in the opinion of the complainant, are adversely affecting that persons enjoyment of their home and/or garden. The Act is only concerned witht the height of a hedge and cannot help in cases of tree roots causing damage to property (subsidence etc). An application requires the completion of a form together with a plan or drawing showing the properties and hedge, a fee and proof that the applicant has made reasonable efforts to resolve the issue amicably. The latter will normally take the form of an account of any verbal approaches and, essentially, copies of correspondence sent to the neighbour. This only needs to be recent contact and not over a protracted period. The Council will then give a decision which can be contested by either party by way of an appeal to the Planning Inspectorate.
The only thing that worries me a little in this case is that you use the term "a leylandii" in the singular. There needs to be at least two, not necessarily the same species but evergreen or semi evergreen that are both over 2 metres high. If you need any further free basic info then contact me via this site or on my website below (On hols from 11th to 18th though so may be a short delay in getting back to you).
2007-07-09 04:30:26
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answer #2
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answered by Budge 4
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If there is only A (1) leylendii, there is virtually no remedy, i.e. not a thing. My neighbour had the same problem and the council just told him to talk to the owner of the tree. The council can't do anything if there is only one tree. She refused to do anything and nothing happened until, thankfully, the tree was blown down in the January gale. Fortunately, my neighbour had written to the tree's owner beforehand that the tree might damage his garden. It did, and because due warning had been given, the damage was made good.
You can only remove the branches overhanging over your garden, and even then you will have to return the branches to your neighbour (you won't mind that). But all this at your own expense. The law is an *** in these situations. There should be a law forbidding people to plant trees that grow so tall in small gardens, and so near other people's properties.
2007-07-08 22:45:18
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answer #3
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answered by Anonymous
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Leylandi have caused untold problems in neighbour disputes. They grow aggressively and people are reluctant to cut or trim as they argue they want privacy on their property. The roots Will do untold damage if feeding under your property. Try all the usual routes Council etc. If no luck this could cost an arm and a leg through the local courts. Might be an idea to approach the neighbour to explain the problem with the light and hope that they are reasonable but don't get confrontational as I am afraid it is a fact of life how people can be so selfish when trying to resolve these issues...Good Luck
2007-07-08 22:52:46
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answer #4
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answered by valf 4
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Leylandii Height Law
2016-10-02 11:16:27
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answer #5
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answered by glymph 4
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Leylandii Law
2016-12-18 18:09:15
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answer #6
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answered by Anonymous
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I would'nt be so worried about the right of light, I would be more worried about the fact that it is against the law to grow these trees within 10metres from a house. The roots don't have a "tap" root, and as a result grow sideways, if you dig a trench in your garden you will get the shock of your life when you see the girth of the roots, perhaps under YOUR property.
Invite your neighbour to come and have a look./
We had a similar problem in our other house.
2007-07-08 22:41:14
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answer #7
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answered by xenon 6
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You could ask them nicely to prune it if they refuse to cut it down - That could help. Any part of the tree that is on your side of the fence is in your power such as roots, branches etc. You could go covert and dig down and cut the tap root (main root that smaller roots grow from) and that would kill the tree but Just make sure it doesn't land on your house. Maybe paying him or offering goods? Or you could do some research into legislation. Alternatively, move or put up with it.
2016-03-19 05:56:43
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answer #8
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answered by Anonymous
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If its over 2 meters high and blocks out light then you can ask them to cut it back. If they don't the council can force them and they get fined up to £1000.
Call up your council. They will tell you what to do.
EDIT: Haha the person above mer just wrote the same thing. typical
2007-07-08 22:35:25
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answer #9
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answered by Anonymous
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There is a specific height then they must be cut, can't remember what it is. Your local council offices will help.
2007-07-08 22:37:17
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answer #10
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answered by Roxy. 6
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