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Old 18-03-2012, 03:09 PM posted to rec.gardens
David E. Ross[_2_] David E. Ross[_2_] is offline
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First recorded activity by GardenBanter: Oct 2009
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Default Hedge maintenance - who's responsibility is it?

On 3/18/12 12:29 AM, Elizabeth2108 wrote:
Hi there,

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

Many thanks to anyone who can help me with this matter.


You have the right to trim it back to your property line if you can do
it without killing the plant.

For your neighbor to enter your property to trim it, you would have to
give a written release to your neighbor. If this becomes a frequent
task that your neighbor does, you might inadvertently create an easement
on your property for that purpose, which I don't think you want.

--
David E. Ross
Climate: California Mediterranean, see
http://www.rossde.com/garden/climate.html
Gardening diary at http://www.rossde.com/garden/diary