Contested Hedges

Contested borders are in the news every day. You can’t miss the claims and counter-claims between neighbouring countires—in our case, mainly China.

But it seems that disputes between neighbours on humble garden hedges are as serious. In the UK, disputes between neighbours on this issue have even resulted in deaths, with one Mr. Wilson of Lincolnshire, dying from gunshot wounds sustained during an argument over hedges, and a Mr. Reid dying of a heart attack after a heated dispute with his neighbour on the same subject. While not so drastic, many people have been levied stiff fines on the charge of trespass for cutting their neighbours’ encroaching hedges. In all, there were 1,00,000 hedge disputes in the UK prior in 2003.

Why do these disputes arise? A major reason is that the hedge blocks too much light to a neighbour’s house or garden; or that the hedge blocks a view. Or a neighbor’s overgrown hedge may encroach on your property. Also, branches or roots may cross into your property from a neighbor’s property or a public road.

This serious situation led to the passing of laws to manage the situation. In 2003, UK passed laws to manage disputes related to hedges. The UK Law essentially is about ‘high hedges’ defined as those over 2 meters in height. Transgressions of hedge-related law come under the definition of Anti-Social Behavior, since 2003!

The situation is understandable, given the extent of hedges in the UK. Laser scanning has shown that the UK has 390,000 km of hedges and hedgerows (1-6 metres tall) on field boundaries– enough to go round the world almost 10 times.

A step back. What is a hedge? A hedge is a line of shrubs (and occasionally trees), planted closely (3 feet or closer) which form a barrier or mark the boundary of an area, such as between neighbouring properties. Hedgerows on the other hand are hedges used to separate a road from adjoining fields, or one field from another, and which may incorporate larger trees. Apart from demarcating boundaries, hedges and hedgerows may serve as windbreaks to improve conditions for crops, as. A hedge is also called a “live fence”.

Under the UK Law, these disputes don’t go to court. Neighbours are encouraged to reach negotiated settlements. If this does not work, a written complaint may be given to the local Council, which will look into both sides of the argument and give a decision. Either the Council will reject the complaint, or they will give an order to cut the hedge to the mandated height. The cutting has to be done keeping in mind The Wildlife and Countryside Act 1981 which makes it an offence to destroy any bird’s nest that is either in use or being built!

Few other countries have such elaborate laws on the subject. However, some local authorities in the US do regulate the height or placement of hedges. For example, a resident of Palo Alto was arrested for allowing her xylosma hedge to grow too tall.

So go ahead. Do grow your Photinia, Duranta, Golden Cypress, Nerium, Hibiscus, Copper Leaf, Ixora, Tecoma, Vilayati Mehendi or whatever else takes your fancy. But make sure they don’t inconvenience your neighbours and get your behaviour labelled as anti-social—at least under the UK laws!

If everyone could plant hedges and learn to maintain them with discipline, maybe we will also learn to manage other boundary disputes without resorting to violence.  It could make for a world where boundary disputes become a thing of the past!

–Meena