Managing Residential Foliage: Resolving Home Boundary Disputes

Let’s face it, we’ve all had issues with our neighbours at some point in our lives. While, sometimes, it’s something small such as a noise complaint, other times, it can get complicated and involves legal issues.

One of the common problems homeowners in the UK face are boundary disputes. This is especially true for the residents of England and Wales, as there is usually no record of exact boundary outlines between properties. There is also no legal record of who owns the wall, hedge, fence or tree between two properties. Often the physical boundary which is made up of hedges or fences doesn’t follow the exact property lines.

Common Reasons for Boundary Disputes

Some of the common forms of boundary disputes include:

• Positioning of fences
• Rights of way
• Repairs and responsibilities
• Fence maintenance
• Overhanging house extensions
• Overhanging foliage

Excessive Foliage and Home Boundaries

Excessive foliage such as overgrown shrubs, low hanging trees, and tall hedges can be a nuisance. Situations, where neighbours can’t amicably agree on a suitable height for foliage give way to possible litigation. There are certain council rules in place to govern the suitable and acceptable height of hedges and shrubs which is less than 2 metres. Anything above that is considered tall and excessive under the Anti-Social Behaviour Act 2003: Part 8. However, it doesn’t include ivy or bamboo.

The Course of Action for Homeowners:

The best way to deal with a dispute is by talking and negotiating with your neighbours and settling the issue without involving solicitors. However, in some cases, homeowners might need to take further action. They can:

• Make a complaint to the local council
• Appeal the decision in case the council rejects the complaint
• If you are the guilty party but the hedges or trim the foliage to the acceptable height
• Hire a solicitor to resolve the boundary dispute

Need help?

Wembley Solicitors offers expert legal assistance through our boundary dispute solicitors in Middlesex, UK to homeowners involved in a violation of property lines. Contact us today to learn more about your options!