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As the weather starts to warm up, it’s the perfect time to unwind in your backyard or outdoor sanctuary. What’s more, the brighter evenings mean you can host those summer gatherings well into sunset.
But what happens when your neighbor's hedge is too high and blocks out the natural light? Are there any legal restrictions? And what is the best way to tackle this?
Similar to knowing your legal rights for cutting your neighbors' overhanging bushes or painting shared fences, what are the rules for dealing with a neighbor’s high boundary hedge? This is especially the case when they refuse to maintain it, and it starts to become a nuisance.
Fortunately, we’ve called on the experts to weigh in on our legal rights, what steps to take, and best practices for approaching your neighbors directly. So if you want to avoid any neighborhood wars, read this first.
What are my legal rights if my neighbour's hedge is too high?
To establish whether you have any legal rights, this will depend on your local ordinances. Generally, this varies from state to state, so it’s important to check your city laws and codes.
“This is always going to be different depending on where you live, and there are likely to be some ordinances on the books that discuss hedges and their interference with your property,” states Edward Susolik. CEO & President, Managing Partner of Callahan & Blaine.
In California, there is a concept involving a spite fence, which means if a neighbor intentionally grows or keeps a hedge simply to annoy or hurt you, then it can be the basis for your claim
Edward Susolik, CEO & President, Callahan & Blaine
“What needs to be done is to show how the hedge is disrupting your life to give any merit to your complaint. Hedges are often zoned to be a maximum height, and that can also serve as the basis.”
“For instance, in California, there is a concept involving a spite fence, which means if a neighbor intentionally grows or keeps a hedge simply to annoy or hurt you, then it can be the basis for your claim. It’s that motive that matters.”
So what if your neighbor’s high hedge blocks natural light? While experts agree there is no general rule that would guarantee access to sunlight for homeowners, you may have a case if the hedge poses a danger.
“If the hedge creates a safety hazard, damages homeowners' property, overruns the border line between properties, or violates local code, there are more possibilities to do something about it,” explains Ashley James, Virginia Real Estate Investor and founder of TrueVision Homes.
“You need to know your local codes and laws, so it's better to contact an experienced real estate lawyer in case of need.”
Additionally, it’s useful to check the boundary lines, which can be done by a professional surveyor. Similar to overhanging branches, when that hedge is creeping over into your property, you are usually allowed to trim it away, but you need to stop once you reach your line.
Politely speak to your neighbor
Of course, the best approach is to avoid any legal disputes altogether. And experts recommend politely speaking to your neighbor about how their overgrown hedge is affecting your property or yard.
“We always want to be friends with our neighbors for our peace of mind,” agrees Johana Williams, property expert and regional manager for Utopia Management San Diego.
“I would highly recommend amicably settling the matter by talking it over face-to-face first. Politely explain that the shadow blocks the sun from reaching your favorite room or vegetable garden, which stops your vegetables from growing.
“Many homeowners don’t realize this and are usually more than kind enough to trim the hedge once they know it’s causing a problem.”
Additionally, if your neighbour ignores your concerns or proves to be uncooperative, experts advise documenting everything with dates and timestamps, in case it needs to be escalated.
“Dating the proof you have with timestamps and taking different angles of images should also be done early, with the hope that you won’t need it after that friendly chat,” adds Susolik.
“Following up with your neighbor through text or email also confirms that this conversation between you both happened. Local enforcers may need to come in, or you may need to have things mediated, and I think that’s best before jumping to the most extreme response of a suit.
"You don’t want a years-long battle that no one can easily win because neither of you thought to keep track of things early on in the dispute.”
Generally, maintaining good relations with your neighbors' can be favorable and will get you the best outcome. Or maybe you could extend an offer to assist with the maintenance of the hedge? Just be mindful of these top mistakes when trimming a hedge, as you don't want any more issues to contend with!
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