My neighbour planted a hedge right against my fence

John Conlin / 26 April 2018

A reader writes to find out whether his neighbour is legally obliged to leave space between a hedge and a fence.



Question

My neighbour has planted bushes at the back of my fence leaving me without access for maintenance and repair. I am not sure how far away from the fence they are allowed to be and would appreciate it if you could clarify the exact space that should be left.

Answer

am assuming that the fence is on the boundary and that your Title Plan or deed shows that the fence is your responsibility. If that is the case the land beyond the fence all belongs to your neighbour and he is entitled to plant where he wishes. There is no legal rule that space must be left.

If you need access for essential repair and your neighbour refuses you can apply to the County Court for an Access Order but the work must be done carefully to avoid damage to your neighbour’s property, which includes plants etc.



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