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Council Access to Private Property

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PhantomBride | 09:25 Thu 28th Oct 2010 | Civil
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My property has a public footpath/alleyway running down the right side of it. I know they have a legal obligation to maintain the hedges running down that pathway.
But does my local council have the right of access to the garden of my property for hedge/tree cutting without prior consent/written agreement or consultation? Would agreed prior access to assess said hedge/trees count as legal further access for the actual cutting? And to what level should a hedge be cut to maintain the property's privacy and security?
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No, you have the legal obligation to maintain the trees and hedges. They are your hedges.
It is not uncommon for councils to trim such plants that overhang onto public rights of way but they are under obligation to do so. They will sometimes do so only after the owner has been asked to remove offending branches and hasn't - in which case they may try and...
05:53 Fri 29th Oct 2010
try asking the council....
No, you have the legal obligation to maintain the trees and hedges. They are your hedges.
It is not uncommon for councils to trim such plants that overhang onto public rights of way but they are under obligation to do so. They will sometimes do so only after the owner has been asked to remove offending branches and hasn't - in which case they may try and charge.
As for the height for privacy, it depends how tall you are; there is no requirement to constrain a hedge to a height though extreme examples that cause nuisance to neighbours may be the subject of action under the Statutory Nuisance legislation.
I think you need to have a look at the deeds to your house to see whether the hedges are on your land or not and whether any responsibilities or rights are assigned to you or the Council in relation to their maintenance.

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