Hedge cutting dispute

[Theressa]

Our boundary hedge in our garden (owned by us) is next to the farmers field. He refuses to cut the hedge on his field side (which was always cut in the past) and won’t let anyone into his field to cut it. We cannot reach the far side at the top as it’s too wide. Can he legally stop someone coming in to his field to cut it?

 

[davidroberts30]

The boundary is probably half way across the hedge

 

[Theressa]

The whole hedge is ours but the fence on the field side, right against the hedge, is the farmers

 

[Cotlandfarmer]

In my experience it's rare that the fence line is the boundary, almost always the middle of the hedge is the boundary and the fence line is simply there to stop stock escaping.

 

[Nearly]

It may be entered in an environmental scheme and only allowed to be cut every 3 years.
It's for the dickie birds you know.

It's perhaps easier for farmer to tell you not to cut it as it's on his side and in the scheme.

 

[Theressa]

apparently definitely our hedge, in our garden, on the inside of the stock fence. Very ancient deeds. Up until 2 years ago the farmer happy to cut the hedges. Family feuds (not to do with us) resulted in a change of character and him refusing to cut hedges around us. Hedge grows up his side, shades us & blocks the view. Also he’s gradually losing land as the hedge grows out! We are happy to help him by doing it but he won’t reciprocate. Now wondering the legalities

 

[Will Blackburn]

Offer him a very decent wedge of cash to cut your hedge from his side. Hedge cutting is not cheap and think of what it must have cost this farmer, who over the years has cut it for very little return.

 

[yoki]

What sort of hedge is it?

 

[Andy26]

@Theressa can you put a picture up?

 

[Wombat]

If no right of access then I believe you are out of luck

 

[C.J]

If its your hedge , cut it down to a height , that you can reach across the top.

 

[yoki]

If its your hedge , cut it down to a height , that you can reach across the top.

That's why I was asking what sort of hedge it was.

If it's not too thorny they could do a fair bit with it from their own side and no only avoid the issue now but leave it easier maintained in future.

 

[teslacoils]

If it's entirely your hedge, and you've access from just your side, you could consider having someone come lay it. You might think it looks a tad brutal for a year or two but would do a job

 

[Lofty1984]

If it's entirely your hedge, and you've access from just your side, you could consider having someone come lay it. You might think it looks a tad brutal for a year or two but would do a job

I was going to suggest taking the width out of it so it’s manageable to reach all the top from the garden side take it back from the fence line side far too many people leave hedges get way to wide anyway

 

[Dry Rot]

Lots on Google on this subject.
boundary hedges and the law

 

[ISCO]

The Access to Neighbouring Land act may assist. You would need to go to court for an order for access.
I would seek the advice of a good land agent/ solicitor to see if this applies.

Have you looked at the deeds to see if you have any rights to access the field?

 

[Theressa]

It’s a mixed hedge of beech, holly, fir & thorn. Yes, we’ve always made a point of paying him. Have offered more money & his answer is “NO, because I can say NO”!! Now he avoids us….and everyone else! We did farm, but now retired. Never ever had this attitude before as we always looked after other people and neighbours as they did us. We are able to lay the hedge And that may have to be the option!

 

[serf]

As above if it's Def your hedge and it's hawthorn or the like that will grow back well cut it off a few foot high and shape it as you want it

 

[puppet]

He has lost the plot by the sound of it. Why wouldn't he let you go round and cut the hedge yourself?
Unfortunately going to take a solicitor to enforce the old deed or a long-handled hedge trimmer to reach as far as possible

 

[Theressa]

Thank you everyone for you constructive replies and it’s certainly given us food for thought where to go from here. So sad seeing how attitudes have changed and it’s every man for himself now. Love thy neighbour seems decades away!!!!