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Lawyer explains who's responsible if a neighbour's hedge overhangs your garden
Reach Daily Express | June 24, 2025 2:39 PM CST

Lawyers have offered their expert advice on who is responsible for overgrown hedges that are between properties. Bushes and hedges are a common cause of dispute for neighbours. People often find themselves arguing with the folks next door over these plants. If your neighbour's bush is growing into your garden, it can be hard to know what to do. While it is growing from their garden, it is also encroaching on your property.

Bonallack & Bishop Solicitors have cleared up exactly what the rules are when it comes to this. "It could be that an unkept hedge is encroaching on your property, or even that your neighbour has cut or trimmed a hedge which was your responsibility to maintain," they explained. However, there are rules around this that will help you figure out who is responsible in situations like this.

Firstly, it is important to establish who owns the hedge. If it transpires that you have cut a hedge that isn't yours, you could face significant legal costs, the experts warn.

However, there are no "hard and fast" rules when it comes to boundary ownership, so you will have to check the Land Registry to determine this. "Often, there'll be no definitive answer, and it'll ultimately be a shared responsibility," they said.

They explain that if one neighbour can prove that they've been the one to maintain the border over a number of years without the consent of the legal owner, they might be able to prove ownership under the principle of adverse possession.

Meanwhile, if a hedge has grown over a clearly stated boundary into your property, you reserve the right to cut the parts that overhang, but should return the trimmings to your neighbour's property. But if you cut a hedge on the other side of the boundary, this could be considered an offence under the Criminal Damage Act 1971, unless a lawful excuse is provided.

A civil claim could be made as a result of this damage, and you could end up paying legal fees for this. Additionally, homeowners should be aware of the Wildlife and Countryside Act 1981, which sets out the criminal offence of cutting or removing a hedge where birds are nesting.

"As you can see, each situation can vary wildly, so there are no hard and fast rules when it comes to boundary and hedge neighbour disputes," the experts explain. "The only way to settle a dispute, often, can be to bring in an experienced solicitor who will be able to look at all the information to hand and offer some advice as to how things could be resolved."


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