Problems with your neighbour's leylandii? Are their trees blocking out the morning sun and they won't do anything about it? Well, the Scottish Parliament looks set to provide you with a helping hand following the introduction of the High Hedges (Scotland) Bill as a private member's Bill in October 2012.
The proposed legislation would give someone recourse to their local authority if they are unable to come to an amicable solution with their neighbour in circumstances where they feel that a "high hedge" on neighbouring land is adversely affecting the reasonable enjoyment of their property.
The local authority may then, upon consideration of the case, require the dissenting neighbour to cut their hedge to an acceptable level.
It will be interesting to note the first case where the local authority is the neighbour with the high hedge!
The definition of a "high hedge" would, on the current drafting of the Bill, include a hedge that:
- Is formed wholly or mainly by a row of 2 or more evergreen or semi-evergreen trees or shrubs;
- Rises to a height of more than 2 metres above ground level; and
- Foms a barrier to light.
The High Hedges (Scotland) Bill follows similar legislation in other parts of the UK, with the most notable example being Part 8 of the Anti-social Behaviour Act 2003.
The Scottish Bill would replicate the English system which restricts the scope of the Act to evergreen and semi-evergreen trees and hedgerows. Interestingly, a different approach has been taken in the Isle of Man and deciduous hedgerows and single trees are also covered by the drafting of the legislation. Anecdotal evidence seems to suggest that this wider definition has been problematic, however, with a larger number of neighbour disputes (including a court case) and difficulties in enforcing the provisions for the authorities.
Responses to the current proposals are sought from interested parties by 29th November 2012 and we will be following the progress of the Bill as it makes its way through the parliamentary process.
If you are looking for advice on how to resolve a dispute with your neighbour in advance of any additional assistance that the new high hedges bill may provide, our property team would be delighted to help.
