Neighbour cut shared party hedge by 5ft

[mestizomad]

Hi,

We have a 10-11ft tall boundary hedge that is shared with multiple neighbours, the hedge has been in place at this height for over 50 years.

We have previously looked into the deeds with a solicitor and they believe that all of the rear hedges on the estate are “party hedges” and shared ownership 50/50.

On multiple occasions we’ve talked to the neighbour and discussed it being a shared hedge and agreed a height for the sections of hedge between our gardens.

And then afterwards, the neighbour has just gone ahead and cut it significantly lower than we agreed.

In the attached photo, the hedge used to be the red line and the blue line is the approx height that was verbally agree with the neighbour. They cut 5ft off of the hedge.

And this was done after we had spoken in person the same day and agreed that we would trim the top ourselves by 1-2 ft and to a level 3-4ft higher than the photo.

I estimate that it will now take 3-4 years for this section of hedge to grow back up to the agreed height. But obviously we are not happy.

The neighbour has actually drastically cut sections of shared hedge multiple times without asking and we’ve had words with them on 3 occasions now.

They also stated that the height wasn’t a nuisance and they just wanted to neaten it on their side.

What can we do in this situation?

Is this a form of criminal damage?

Thanks

[atticus]

As you say that the hedge is jointly owned, my answers to your questions are:

1. Nothing.
2. No.

Have you asked your neighbour what his reasons are for reducing the hedge to this height? It is not possible to tell from your photo which direction your garden faces, or his.

Are you aware of the high hedges legislation in the Anti-Social Behaviour Act 2003? https://www.legislation.gov.uk/ukpga/2003/38/part/8

[mestizomad]

Hi,

This hedge is on the North West side of their garden.

I’m frustrated because we had a friendly discussion and I offered to reduce the height of the hedge by 2ft and they agreed to this and seemed happy. And I was planning on cutting the top
myself this weekend.

And then 1 hour later they cut the hedge by 5ft.

The hedges were planted when the estate was built as boundary hedges instead of fencing. And I believe that the boundary line is roughly halfway across the hedge, so they’ve cut down our part of the hedge or our property without our agreement.

Yes I am aware of the high hedges act, but the Neighbour didn’t express grave concerns about the height of the hedge, she just stated that she wanted to neaten it.

If the neighbour had commented about wanting to cut it much lower, then we could have discussed this, but they didn’t.

The neighbour did apologise and she claimed that it was miss-communication with the worker that she employed.

But when I spoke to the worker, he claimed that she told him to
cut it low and she told him that it was her hedge only.

And I informed him that it was a shared hedge.

When I spoke to the neighbour, she also agreed that it was a shared hedge.