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Hi. We are buying a house which is still being built by the developer.
Approximately 4 metres from the front of the house is the neighbour’s boundary consisting of a beech hedge currently standing at around 6 metres high.
If you imagine you’re looking straight out of our front door, so in a North North East direction, the hedge runs from left (West) to right (East) past the entire width of the front of our house passing the dining/kitchen window to the right of the front door and entrance hall window, and past the full length of our garden which runs along the right side of the house.
The rear of the neighbour’s house is approximately 20metres from the hedge in the centre of their plot.
At it’s current height of 6 metres, it is blocking out natural light from our ground windows, particularly in the dining room / kitchen.
When we initially made an offer for the house, the plans showed that the hedges were part of our boundary. It’s since transpired that they’re not. Regardless of the situation and the outcome, we will be completing the purchase and given the fluidity of boundaries on new developments, I don’t believe there’s any point in or need to make issue of the discrepancy with the developer. We can choose to buy it or not in light of the change, and we choose to buy it.
The developer has said he will speak to the neighbour and ask them if they would agree to have the beech hedge cut to 1.8m and then maintained at no more than 2m. Given we had when we made the offer, believed the hedge to be ours, we have asked him to make clear that we would be more than happy to pay the costs of trimming the top and our side as we would have to have done had it indeed been ours, but that we would also not have it trimmed on future occasions without first gaining the neighbour’s permission.
Because of the distance of the neighbours house from the hedge, keeping the hedge at no more than 2 metres high would mean the neighbours retain their currently obscured view of our ground floor windows, but it would give exponentially more natural light into the front of our house and into the garden.
My question is, if after initial and further negotiations they refuse to allow the hedge to be trimmed to such a level, or not be willing to trim it at all, what would be our next step?
As I understand it, the High Hedges Act doesn't apply to Beech hedges as they're deciduous. However, the hedge due to its proximity and height would still be causing a nuisance and reducing the ability for a neighbour to enjoy their property.
Thanks in advance or any advice with this.
Approximately 4 metres from the front of the house is the neighbour’s boundary consisting of a beech hedge currently standing at around 6 metres high.
If you imagine you’re looking straight out of our front door, so in a North North East direction, the hedge runs from left (West) to right (East) past the entire width of the front of our house passing the dining/kitchen window to the right of the front door and entrance hall window, and past the full length of our garden which runs along the right side of the house.
The rear of the neighbour’s house is approximately 20metres from the hedge in the centre of their plot.
At it’s current height of 6 metres, it is blocking out natural light from our ground windows, particularly in the dining room / kitchen.
When we initially made an offer for the house, the plans showed that the hedges were part of our boundary. It’s since transpired that they’re not. Regardless of the situation and the outcome, we will be completing the purchase and given the fluidity of boundaries on new developments, I don’t believe there’s any point in or need to make issue of the discrepancy with the developer. We can choose to buy it or not in light of the change, and we choose to buy it.
The developer has said he will speak to the neighbour and ask them if they would agree to have the beech hedge cut to 1.8m and then maintained at no more than 2m. Given we had when we made the offer, believed the hedge to be ours, we have asked him to make clear that we would be more than happy to pay the costs of trimming the top and our side as we would have to have done had it indeed been ours, but that we would also not have it trimmed on future occasions without first gaining the neighbour’s permission.
Because of the distance of the neighbours house from the hedge, keeping the hedge at no more than 2 metres high would mean the neighbours retain their currently obscured view of our ground floor windows, but it would give exponentially more natural light into the front of our house and into the garden.
My question is, if after initial and further negotiations they refuse to allow the hedge to be trimmed to such a level, or not be willing to trim it at all, what would be our next step?
As I understand it, the High Hedges Act doesn't apply to Beech hedges as they're deciduous. However, the hedge due to its proximity and height would still be causing a nuisance and reducing the ability for a neighbour to enjoy their property.
Thanks in advance or any advice with this.
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