Hedge Trimming Employee's Error: Misidentified Property, Mistakenly Chopped Down Hedge
In a bid to avoid unnecessary council intervention and potential disputes with neighbours, homeowners are advised to take proactive and clear steps in maintaining and communicating about their vegetation.
One common issue that arises is the encroachment of hedges or ivy onto public areas, which can be mistakenly perceived as obstructions or hazards by local councils. To prevent such misunderstandings, regular trimming and boundary maintenance are essential. Homeowners should ensure hedges or ivy are cut back to the exact boundary line, avoiding overhanging onto pavements, roads, or public areas.
Complying with local pruning seasons is also crucial. Homeowners should complete cutting before the council’s specified dates, such as by 1st March in some areas, to reduce the chance of intervention. Outside this season, pruning may still be done if vegetation is a hazard to the public.
Clear records and communication with local authorities are also vital. Documenting work and informing the council about pruning schedules and boundary compliance can help reduce misunderstandings that might lead to the council cutting back vegetation without the owner's consent.
Responding promptly to council notices is equally important. If the council notifies about hedges encroaching or causing hazards, addressing the issue quickly can help avoid compulsory council action and potential billing.
Engaging with neighbours constructively can also help resolve appearance-related complaints before they escalate to council intervention.
When it comes to boundary disputes, discussing with your neighbour and making sure it is all agreed is recommended. If you want to change an existing boundary, it is essential to check legal documents before making changes to avoid hefty fines.
In terms of fences, the height of a garden fence is measured from the ground level and can be as high as 100m, but planning permission is required if it’s over 2m. Installing fences on the outside can provide an easy ladder for burglars to enter the garden, so it is recommended to install them on the inside if the boundary backs onto a road or footpath.
Determining the ownership of a boundary can be done by checking with HM Land Registry. However, it is essential to note that people are not legally responsible for the left or right hand boundary of their property.
Recent incidents have highlighted the importance of these measures. Andrew Wheatley, a resident in Brighton and Hove, was surprised to find a council employee had chopped his ivy without his consent. The council later admitted the mistake, apologising for hacking the man's hedge, mistaking it for a derelict building.
To avoid such incidents, it is always recommended to check legal documents before making changes and to engage in open dialogue with neighbours. For more assistance, the Royal Institution of Chartered Surveyors (RICS) provides a list of surveyors who could assist in boundary disputes, and they have also created a mediation service to help neighbours resolve property boundary disputes.
[1] https://www.gov.uk/guidance/high-hedges-planning-policy-guidance [3] https://www.rics.org/uk/knowledge/myrics/property-law-for-surveyors/boundary-disputes/
In order to maintain a harmonious lifestyle and comply with home-and-garden regulations, homeowners should regularly trim hedges and ivy to the exact boundary line and avoid encroachment onto public areas. Adhering to pruning seasons and communicating pruning schedules with local authorities can also help prevent misunderstandings.
