Sunlight in Scotland is a rare enough thing and we cherish each moment we can get. If you have a neighbour who does not or cannot keep a boundary hedge under control and at a manageable height, you may be losing out on this precious resource. Disputes over the height of boundary hedges (whether the dreaded leylandii, other evergreen or deciduous trees or shrubs separating theirs and yours), can be a bit of a powder keg issue especially when emotions run high (no pun intended!!).

The Scottish Government recognises this is a potentially difficult issue to resolve amicably, and to try and ease the matter, have now passed legislation giving the aggrieved neighbour a right of recourse via their local authority. This legislation has also been given Royal Assent and can be found here.

An affected neighbour has the option to apply to their local authority for a High Hedge Notice ordering the offending hedge to be trimmed to a maximum height, if the following applies:

• a boundary hedge has grow to more than 2 metres in height (that's about 6'6' in old money), and
• adversely affects a neighbouring property by diminishing the level of sunlight it gets, and
• the matter cannot be resolved amicably between the two owners,

If the hedge owner ignores this Notice or fails to carry out the required work within a specified period of time, the local authority then has the power to do the trimming themselves and charge the hedge owner for the work. Currently there is no suggested pricing for local authorities in this regard although it has been reported that it could be as much as £500.

Either owner can lodge an appeal should they disagree with the decision given by the local authority however there are strict timeframes for lodging these appeals.

Should the hedge owner try to prevent access required by the local authority to carry out the necessary works, they run the risk of being fined up to £1,000.

Whilst this is an interesting new piece of legislation, what will be even more interesting is whether local authorities will seek to use and enforce its provisions.

If you'd like legal advice regarding a problem high hedge, get in touch.