Boundary Hedge

[sandmaster]

The properties in my area are usually sold new as leasehold but most owners have probably purchased the freehold reversion.
My neighbour is in dispute with me regarding our boundary hedge. My deeds contain a plan registered at the Land Registry (my copy bears their stamp) showing the boundary goes through the centre of the hedge. Her deeds contain a plan showing she is responsible for maintenance (her house having been built before mine which remained as farm land for some time).
I need to ensure she maintains the hedge to a reasonable height (I suggest that of the continuation of the hedge in neighbouring properties). But to whom is she covenanted. Can I enforce the covenant?

[sandmaster]

Some wise words here.
I have decided that I will never cut it again whilst she is there, but it does make our kitchen dark when it grows too high.
I just want to make her life hell if she doesn't cut it - or even if she does!!
When it grows high it will put her garden in the shade.

[Nosha123]

there may be a legal height that it cannot be taller than! Look on your local councils website... they may have some info...
How high are we talking Sandmaster.. when its too tall and makes your kitchen dark???

[Nosha123]

my local authority has a section on HIGH HEDGES.. and a complaint procedure...
"From 1 June 2005, you will be able to submit formal
complaints about high hedges to the Council. These can
only be submitted where there have already been
reasonable and recent attempts to resolve this amicably
with the landowner.
The hedge in question must be evergreen, over two
metres high, and not have significant gaps. A complaint
can only be considered where there is an unreasonable
impact upon the amenity of occupiers of a residential
property and must not be a frivolous or vexatious
complaint.
Where the Council decides that the complaint is valid, it
must decide whether there is an unacceptable impact on
the complainant�s amenity. It has powers to require the
hedge to be reduced in height, although cannot require it
to be reduced lower than two metres and cannot require
its complete removal. The Council can also ensure that
the hedge is kept at this height in the future.
The Council has decided that the fee for processing such
a complaint is �400, reduced to �50 for those on income
support. "

[sandmaster]

Our gardens are small so the hedge is only about 20 feet from the kitchen. Once the hedge is over about ten feet it starts becoming overbearing.

[Nosha123]

I think Sandmaster you may be able to do something.. subject to you already having tried to communicate and not come to an agreement!

[Nosha123]

or just accept the tall hedge and in 18months when things have quietened down.. wouldnt it be dreadful if it died suddenly during a very hot summer!!! ha ha

[buildersmate]

1) Unless the convenent is specific, I don't see how you can invoke it to demand that the hedge be 'maintained' to a specific height.
2) Nosha's comment about High Hedges is correct. The local authorities are empowered to use the Statutory Nuisance legislation to demand that an excessively high hedge be trimmed. It costs you money to apply - �400 is probably typical. It isn't a simple case of height - a number of factors are assessed including height, area of garden shaded by the offending hedge and orientation of hedge is relation to South.

[sandmaster]

Problem is it is not evergreen. Mostly yew - which if allowed to grow vertical instead of horizontal will reach dizzying heights!