Hedging between agricultural and residential property

Trish D · Rank attained: Hazel Tree Joined: 08 Jul 2009 Posts: 1

Hi - hope someone can help or point me in the right direction. I live in a cottage which is at the end of a bothairin and surrounded by agricultural land. I have a stone wall, which at some stage was coated in concrete, at the rear of the cottage approx 3 yards from the cottage. Last September, I arranged for the hedge in the field at the rear of the cottage / wall to be cut as it was so high it was blocking light into the cottage, up to the skylights! The owner of the land would not pay so I ended up paying. However, I note now that the hedge is actually damaging the wall and is up to approx 16 foot high at the moment blocking light again. Does anyone know what my rights are here? It's not really hedging in an ornamental sense as it is agricultural. If the hedge is damaging my wall, what can I do?
Thanks

Liparis · Posted: Fri Jul 10, 2009 8:47 am Post subject:

I don't think you have a "right to light", but the hedge owner, I would assume, could be liable to sort out any damage caused by his hedge. He of course could say it's your reponsibility as you have maintained it in the past. It would probably have been easier to have enforced him to cut the hedge in the first place, but often we relent for the sake of being a good neighbour, then these things come back to bite us in the bum. It may be better now to get some legal advice as I'm sure you'll get lots of different advice on here which will confuse you.
Bill.

michael brenock · Posted: Fri Jul 10, 2009 9:50 am Post subject:

if the hedge is growing in your neighbours land then it is his. You are entitled to cut off any overhanging branches that come across your boundary and hand them back to him. Your neighbour is responsible for any damage done to a wall or other structure. get an engineers report on the wall. if the wall was there before the trees then you have a case as the trees should not have been planted too close to a wall.
A lot will depend on type of trees extent of damage to wall and what direction is being blocked off.
michael brenock horticultural advisor (retired)

verge · Posted: Fri Jul 10, 2009 10:27 am Post subject:

Original poster, please note.

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