Hedges are a classic part of UK gardens, offering privacy, beauty, and a haven for wildlife. But when hedges get too high or cross boundaries, they can spark disputes between neighbours. Knowing your rights—and the law—can help you resolve issues quickly and keep relationships friendly. This guide explains the essentials of hedge height rules and how to handle disagreements the smart way.
Pro Tip
Always try to resolve hedge disputes through friendly conversation before resorting to formal complaints or legal action. A cooperative approach often leads to quicker, less expensive, and more amicable outcomes.
High Hedges Law: Anti-Social Behaviour Act 2003 Explained
The main law covering hedge height disputes in England and Wales is Part 8 of the Anti-Social Behaviour Act 2003, often called the “High Hedges” law. It gives homeowners a way to resolve problems caused by tall hedges that block sunlight or spoil views.
What Counts as a “High Hedge”?
Not every hedge is covered by the law. To qualify, a hedge must meet all of these conditions:
- It must be formed wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs
- It must be higher than 2 meters (approximately 6.5 feet) above ground level
- It must form a barrier to light or access
The law doesn’t apply to:
- Single trees (no matter how tall)
- Deciduous hedges that lose their leaves in winter
- Hedges less than 2 meters tall
- Hedges on commercial premises or owned by local authorities
Tall hedges can seriously impact neighbours by blocking light and views
How to Make a Hedge Complaint: Step-by-Step
If a neighbour’s hedge is causing a problem, here’s how to take action:
Step 1: Attempt Amicable Resolution
Before escalating the issue, it's essential to demonstrate that you've made a genuine effort to resolve the problem with your neighbor. This typically involves:
- Engaging in a calm and respectful conversation to discuss the issue
- Crafting a polite and concise letter to outline your concerns and proposed solutions
- Exploring potential compromises, such as pruning the hedge to a mutually agreeable height
- Considering mediation services if direct communication proves unsuccessful {{ ... }}
Step 2: Gather Evidence
If negotiations with your neighbor are unsuccessful, it's crucial to collect evidence to support your complaint:
- Taking dated photographs of the hedge from multiple angles to document its impact
- Accurately measuring the hedge's height to demonstrate its excessive growth
- Keeping a record of how the hedge affects your property, including any loss of light or damage to garden plants
- Maintaining a paper trail of all correspondence with your neighbor, including emails and letters {{ ... }}
Step 3: Submit a Formal Complaint
If you're unable to reach a resolution with your neighbor, you can submit a formal complaint to your local council:
- Completing the council's high hedge complaint form, which can usually be found on their website
- Paying the required application fee, which typically ranges from £300 to £600, depending on the council
- Providing evidence of your attempts to resolve the issue amicably with your neighbor
- Submitting detailed information about the hedge and its impact on your property {{ ... }}
Step 4: Council Assessment
Once you've submitted your complaint, the council will:
- Notify the hedge owner about the complaint and provide them with an opportunity to respond
- Assess whether the hedge is having a significant impact on your reasonable enjoyment of your property
- Consider the views and perspectives of both parties, as well as the specific circumstances surrounding the hedge
- Conduct a site visit, if necessary, to gather more information about the hedge and its impact {{ ... }}
Step 5: Council Decision
After reviewing your complaint and the evidence you've provided, the council will make a decision:
- Issue a Remedial Notice, which requires the hedge owner to reduce the hedge to a specified height
- Dismiss the complaint if they determine that the hedge is not having a significant impact on your property
- Set a timeline for compliance if a Remedial Notice is issued, which may include deadlines for pruning or removing the hedge
Important Note
A Remedial Notice stays with the property—not the owner. If the house is sold, the new owner must still follow the notice, including any ongoing rules to keep the hedge at the correct height.
Who Owns the Hedge? Boundary Disputes Explained
Besides height, arguments often happen over who owns a hedge or where the boundary lies. Here’s what you should know:
How to Find Out Who Owns the Hedge
To work out hedge ownership between neighbours:
- Check property deeds: These should show boundary lines and may indicate hedge ownership
- Look for T-marks on boundary plans: The stem of the T indicates who owns the boundary
- Consider hedge position: A hedge planted entirely on one side of the boundary is typically owned by that property
- Examine historical evidence: Previous maintenance patterns may indicate established ownership
What Hedge Owners Must Do
If the hedge is yours, you’re responsible for:
- Ensuring it doesn't encroach on neighboring property
- Maintaining it at a reasonable height
- Preventing it from becoming a nuisance or hazard
- Complying with any Remedial Notices issued by the council
Your Rights if a Neighbour’s Hedge Affects You
If a neighbour’s hedge is causing problems, you can:
- Cut back branches that overhang your property (up to the boundary line)
- Remove roots that encroach on your property (though this requires caution)
- Return the cuttings to the hedge owner (though it's often better to discuss disposal first)
- Apply for a high hedge complaint if the hedge meets the criteria
Legal Clarification
While you can cut back branches to your boundary line, you must not trespass on your neighbor's property to do so. Additionally, you must not cut the main stem of the hedge even if it's growing over the boundary, as this could kill the entire hedge and lead to legal action against you.
Other Legal Considerations
Wildlife and Countryside Act 1981
When dealing with hedge disputes, you must also comply with wildlife protection laws:
- It's illegal to disturb nesting birds (typically March to August)
- Protected species that may inhabit hedges (such as dormice or bats) have legal protection
- Significant hedge work during nesting season could result in prosecution
Conservation Areas and Tree Preservation Orders
Additional restrictions may apply if:
- Your property is in a Conservation Area
- The hedge contains trees subject to a Tree Preservation Order (TPO)
- The hedge is considered historically or ecologically significant
In these cases, you may need permission from your local authority before carrying out significant hedge work, even on your own property.
Highways Act 1980
If your hedge borders a public road or footpath:
- Make sure it doesn’t block a road or pavement
- Keep visibility clear for drivers and pedestrians
- Councils can order you to trim hedges that cause problems
- If you don’t comply, the council may do the work and bill you
Top Tips to Prevent Hedge Disputes
| Prevention Step | Why It Helps | How to Do It |
|---|---|---|
| Regular trimming | Keeps hedges neat and avoids future issues | Trim once or twice a year and keep the height steady |
| Talk openly | Prevents misunderstandings and solves problems early | Share your plans with neighbours and listen to their concerns |
| Choose the right hedge | Reduces maintenance and keeps boundaries clear | Pick slow-growing species and think about their final size |
| Set clear boundaries | Clarifies who is responsible and avoids future rows | Put agreements in writing and register with Land Registry if possible |
| Get expert help | Makes sure you follow the law and avoid mistakes | Ask an arborist or legal expert for tricky situations |
When to Call in the Experts
You might need professional help if:
- Legal advice: For complex boundary disputes or when formal complaints fail
- Surveyor services: To determine exact boundary positions and hedge ownership
- Mediation services: To facilitate discussions with difficult neighbors
- Professional hedge contractors: For safe reduction of very tall hedges
- Arboricultural consultants: For advice on hedge health and appropriate reduction
Conclusion: Keep Hedges Legal & Neighbourly
Knowing the rules about hedge height and boundaries helps both owners and neighbours avoid trouble. While the law offers solutions for major issues, the best results come from regular care and open communication.
If you’re dealing with a hedge dispute in Cheshire, our experts can help with advice, maintenance, and legal compliance. We offer professional hedge cutting to keep your garden looking great and ensure you stay on the right side of the law—while keeping neighbourly relations intact.
