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Laws of the Jungle

Neighbourly disputes over gardening practices can become out of hand

Neighbourly disputes over gardening practices can become out of hand

20th December 2007

Taking pride in your garden is every person's right, but there are certain laws which must be abided by.

Here we look at a few key aspects of garden law which might affect you and your neighbour.

Boundary Dispute

Hedges often divide boundaries between properties, but what if your neighbour claims the hedge is theirs and wants to cut it down?

The best and most obvious way is to check the title deeds to your property to see who technically owns the hedge. All boundaries you own should be marked with a letter 'T', but a written definition has greater legal standing so check the deeds thoroughly.

If it turns out the boundary does belong to your neighbour, the hedge won't necessarily be their property if part of it is planted on your side of the boundary line.

Garden Fires

As long as doesn't drift onto a public highway where it could affect traffic, there is no law to prevent you or your neighbour form lighting the occasional garden bonfire.

However, bonfire smoke can sometimes cause aggravation between you and your neighbours, so it is worth being considerate. Giving a pre-warning before you light the fire will give them time to shut any windows and doors to protect them from the smoke.

Complaints can be made if the bonfires are frequent and smoke is becoming a common problem. The local Environmental Health Department may investigate, and although nuisance from smoke can be hard to prove you may be liable for a fine of up to £5,000.

Messy Gardens

Not every one takes pride in the appearance of their garden, and if you feel that a neighbour's garden 'spoils the beauty of the area' you have a right to complain to your local authority.

Owners of gardens filled with rubbish can be ordered to clear them up on public health grounds by the Environmental Health Department.

Taking pictures as evidence and getting support from other neighbours will help with any appeals made.

Trespassing Dog

A hole in your neighbour's fence which allows his dog to run amok in your garden could be considered trespass, but this may be a tricky case to take to court. You can't insist the fence is repaired unless it is specifically mentioned in the deeds to the property or it is obstructing the highway.

If the fence is yours, then you should of course repair it: problem solved.

Unruly Hedge

If a neighbour's hedge is over 2 metres high and consists of two or more evergreen / semi-evergreen shrubs, then it can be considered a problem.

For a fee you can apply to your local authority for adjudication, but only once you have tried and failed to resolve the matter yourself with your neighbour.

The council can't order the hedge to be removed or to be cut down below 2 metres tall, but they can order the hedge-owner to take remedial action if their hedge really is dwarfing your garden.

Overhanging Trees

Any part of a neighbour's tree which crosses over into your boundary gives you every right to remove it, including the roots.

However it's best to ask your neighbour to prune the tree themselves, as you may be liable for any damage you cause to the tree.

Should you prune the tree yourself, you are obligated to offer any removed growth back to your neighbour as it is technically their property.

You should also check that the tree isn't protected by a Preservation Order and that it doesn't lie within a conservation order.

Barbed Wire

If you want to keep your garden more secure, you are entitled to attach barbed wire to your fence.

However, if it faces onto a public highway it must be at least 2.4 metres off the ground, and a fence this high may require planning permission.

Away from a public highway you may use barbed wire more freely, but you may be liable for damages should anyone injure themselves on your barbed wire, under the Occupier Liability Acts.

In general, it's always best to ask if you have a garden dispute with your neighbour. Most complaints can be easily remedied, but if not it is worth reading up on the law to make sure you are in the right before you proceed with any legal action.

The article Laws of the Jungle originally appeared on 999 Today



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