Know the law; cutting your garden hedge

Before dusting off your hedge cutter, make sure you have given your neighbours and the resident wildlife some consideration. Whilst most hedge arguments stem from the hedge being allowed to grow to high and block light, the law protects the wildlife also.

Nesting birds:

It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 intentionally to take, damage or destroy the nest of any wild bird while it is use or being built. It will be an intentional act, for example, if you or your neighbour know there is an active nest in the hedge, and still cut the hedge, damaging or destroying the nest in the process.

Hedges and hedge cutting:

A boundary hedge is usually the joint responsibility of both neighbours. Both must agree on major work, including removal, coppicing or laying. In theory, you need your neighbours agreement even before trimming the hedge. If the hedge is just inside your neighbours garden, they own it; you only have the right to trim any part that encroaches over your boundary line. Your neighbour should ask for your permission for access to trim the hedge on your property. Regardless of ownership, no-one can trim or cut a hedge if the action damages active birds nests, and hence violates the Wildlife and Countryside Act. If tall hedges or trees put your garden in the shade, you can cut off branches that overhang your boundary. You can also prune back roots that that invade your property, even if this is detrimental to the plant. You dont have the right to cut down vegetation on your neighbours property, or apply weedkiller to destroy the plants.

Source: Garden hedges wildlife information leaflet 2000