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Can I legally cut a Council Hedge?

A potential customer has just contacted me regarding cutting a Laurel Hedge at the bottom of his garden. During the conversation, he informed me that the hedge was actaully growing on the other side of his fence and was in fact owned by the Council who cut the hedge once every 3 years. I'm happy to cut the hedge that is growing on his side. However, can I cut the top of the hedge as it is not gowing into his garden and technically belongs to the Council?

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  • James, you can cut back anything that is over your customers boundary and offer back to the hedge's owner the arisings. That is the legal situation.

    On a more practical level, will the council be bothered that the top has been cut? Unlikely. You say the council only cut it every 3 years, so is there 3 years growth or has your customer had the top cut every year? There is the "High hedges" legislation but even if there is 3 years growth this is not going to be applicable as the hedge will not be high enough. The most sensible solution is for your customer to get something in writing from the council that they permit the top to be cut but suspect that the council will refuse on a H&S basis. I would get the local councillor involved if this the case to force the council to do it. We would just cut it on the basis that what can the council do about it? They certainly will not want the local press involved, you can imagine the headlines! 

     

  • I'd try getting in touch with the council... explain its causing a problem and could they cut it.  If it hasn't been cut for 3 years, its going to be quite a job.  Otherwise,  as Peter says, I'd just go ahead and cut it..... are they honestly going to be bothered. 

  • I'd go ahead and cut it and if the council want to complain you can say sorry and suggest they cut it themselves next time. In these situations it's easier to ask for forgiveness than permission.

    • PRO

      100% agreed.

      Surely the worst situation is you take the trouble to ask, which will without doubt be at least 3 phone calls and an email or two. They say "no". You then have an unhappy client, less work, and the hedge probably wont be cut for another year or two.

      • A familiar scenario and one I've experienced. It's so frustrating when you can see what needs doing right there and you know very well that if the offical people (eventually) do it they'll make a mess of the job you would do properly. 

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