My neighbour's hedge is blocking my light. What can I actually do?
One of the harder conversations we have, because there's usually a relationship at stake as well as a hedge. Here's the law as it actually applies, not the version that gets repeated over the fence.
Q. Is there an actual legal height limit for a hedge?
A. Not a blanket one, but there's a formal complaint route once a hedge crosses a specific threshold. Under Part 8 of the Anti-social Behaviour Act 2003, you can make a "high hedge" complaint to Medway Council if a hedge of two or more evergreen or semi-evergreen trees, over 2 metres tall, is unreasonably blocking your light or access to light. It's not a straightforward "over 2m = illegal" rule - the council has to weigh it up, and the hedge owner gets a right to respond.
Q. What does "unreasonably blocking light" actually mean in practice?
A. It's a judgement call the council makes, not a fixed measurement. They'll look at the height, how much of your garden or which windows are affected, how long the hedge has been there, whether it was there before your property or after, and whether there's a reasonable middle ground - reducing it to a lower height rather than removing it entirely, for instance. It's genuinely case by case, which is why the process involves the council actually assessing the specific situation rather than applying a simple rule.
Q. Do I have to talk to my neighbour first, or can I go straight to the council?
A. You're expected to try to resolve it directly first - a conversation, a letter, sometimes mediation - before Medway Council will formally take on a complaint. The council charges a fee for the formal process too, so most people we talk to genuinely try the direct route first, and a fair number resolve it there without ever filing.
Q. If the hedge is on the boundary line, can I just cut back the part that overhangs onto my side myself?
A. Yes, this is a separate and much simpler right under common law, and it exists regardless of the 2m high-hedges process. You can cut back branches and roots that cross onto your property, back to the boundary line, without needing your neighbour's permission or the council's involvement. Two catches: the cut material technically belongs to your neighbour, so offering it back is good practice, and you can't cut beyond the boundary line into their side, or damage the parent plant unnecessarily.
Q. Does it matter if the hedge is in the Rochester Conservation Area, or under a TPO?
A. Yes, and this is where a lot of boundary disputes get complicated near the historic core. If any stem in the hedge is over 75mm diameter and the address is inside the Rochester Conservation Area, the section-211 six-week notice still applies before that stem can be cut, even for boundary-line trimming. If there's an individual TPO on the tree, you need formal consent, not just a notice. We check both before touching any boundary hedge, regardless of which side of the line we're working on. See our Conservation Area Q&A for the full detail on that.
Q. Can you just come and sort it without me having to deal with the neighbour or the council directly?
A. We can cut back your side of a boundary hedge to the line under your common-law right, without needing anyone's permission for that part, and we'll flag clearly at quote stage if the job is on your side, on a shared boundary, or crosses into a formal high-hedges situation that needs the council process. What we won't do is cut into your neighbour's side of a hedge, or a hedge that isn't yours, without their agreement - that would expose you to a claim, and it's not a risk we'll put a customer in.
Boundary hedge causing friction?
Send photos and a postcode to hello@rochesterhedges.co.uk or call 07763 100 477. We'll tell you honestly what you can do yourself, what needs your neighbour, and what needs Medway Council.
Sources: Anti-social Behaviour Act 2003, Part 8; GOV.UK, High hedges: complaining to the council; Town and Country Planning Act 1990, sections 210 and 211; common-law right of abatement for overhanging branches and roots (Lemmon v Webb, 1895, as applied in current UK property law guidance).