High hedges: Understanding your rights and remedies

Disputes over high hedges are a common source of tension between neighbours, particularly where light is blocked or damage is caused by overgrowth or roots. This guide outlines your legal rights, the relevant law, and what steps you can take if a hedge becomes a nuisance.

What is considered a “high hedge”?

Under the Anti-social Behaviour Act 2003 (Part 8), a “high hedge” is defined as:

• a line of two or more evergreen or semi-evergreen trees or shrubs
• that form a barrier to light or access
• are more than two metres high above ground level
• adversely affect the reasonable enjoyment of a property.

The law does not apply to single trees or fully deciduous hedges.

Is the hedge blocking light?

Government guidance, issued by the Ministry of Housing, Communities & Local Government, introduces the concept of ‘action hedge height’ above which a hedge is likely to block too much light. The guidance gives a procedure to calculate this height both for a garden and for windows to main rooms in a dwelling. You can then take action if the calculation produces a hedge height of at least two metres.

What steps should you take?

• attempt to resolve the matter informally with your neighbour. This is required before the local authority will agree to take further action
• if informal discussions fail, you may submit a formal complaint to your local authority
• if the hedge is found to adversely affect your enjoyment of your property, the council may issue a remedial notice, requiring the hedge to be reduced in height. The local authority cannot require the hedge to be removed or the height to be reduced below two metres.

Overhanging branches and encroaching roots

Separately to the high hedges legislation found in the Anti-social Behaviour Act 2003, you also have a common law right to cut back any branches or roots that cross into your property. This is known as the ‘right to lop’.

However, there are limitations to this:

• you must not go beyond your boundary or enter your neighbour’s land without permission
• any cuttings remain the property of the hedge owner and should be offered back
• the right to lop does not allow you to reduce the height of the hedge or tree
• if the hedge is protected by a Tree Preservation Order (TPO) or is located in a Conservation Area, you must obtain written consent from the local authority before conducting any work.

Where roots or branches cause physical damage to structures or drains, you may be entitled to recover the cost of repairs, particularly if your neighbour failed to act after being notified.

Key case

Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55 – Confirmed the right to recover costs where tree roots caused damage and the owner failed to abate the nuisance following notice.

Summary checklist

Before taking formal action, ensure:

• you have made reasonable attempts to resolve the issue informally
• the hedge is evergreen/semi-evergreen and exceeds two metres in height
• it restricts light, as assessed by the hedge height calculation
• there are no TPOs or Conservation Area restrictions
• any cutting back stays strictly within your boundary.

Contact our Property Disputes solicitors today

While many hedge issues can be resolved amicably, the law provides clear routes for action where a hedge becomes a genuine nuisance. Keep records of your communications, check for local protections, and do not hesitate to contact your council if informal solutions fail.

If you have any questions regarding the points raised in this article, please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.