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Old 18-03-2012, 09:36 PM
lannerman lannerman is offline
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First recorded activity by GardenBanter: May 2009
Location: Lanner. Cornwall.
Posts: 359
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Quote:
Originally Posted by David E. Ross[_2_] View Post
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
My Climate
Gardening diary at David Ross's Garden Diary -- Current
Further to the above good advice, if indeed you do cut the hedge back yourself then make sure you offer the trimmings back to your neighbour ?? This will protect you from being accused of theft !! There is nothing to stop you cutting back the hedge to the boundary line as long as you are aware that the trimmings legally belong to your neighbour, so by offering them back, you then cover yourself !
Lannerman.