My Neighbour Has Killed My Hedge: Is It Criminal Damage?

Welcome to the Q&A section of my blog. Today I am discussing a frustrating dispute…the question being “My neighbour has killed my hedge, is it criminal damage?”.

Question…“My neighbour has killed my hedge, is it criminal damage?”

“Help! I have just returned from holiday to find that my neighbour has deliberately killed my hedge.

My neighbour has previously asked to remove my hedge but I said no and made it very clear that he didn’t have my permission to remove my hedge.

The hedge used to serve as a boundary marker and provided privacy from next door. The hedge also was good for noise reduction, as my neighbours are quite noisy.

However, my neighbour killing my hedge has left my property exposed and open.

After my neighbour has killed my hedge I’m dealing with increased noise pollution, loss of privacy, and the unsightly view of their property.

What makes it worse is that my neighbour’s garden is an eyesore and I now have to look at their garden filled with rubbish.

I’ve tried discussing the issue with them, but they refuse to acknowledge their responsibility. It is going to cost a lot of money to replace all of the hedges and I don’t think it is fair that I should have to pay for this.

What legal options do I have in the UK to address this situation? Is it criminal damage? How can I seek compensation for the damage caused?”

Answer…

I am sorry to hear that your neighbour has killed your hedge. Sadly, boundary and hedge issues between neighbours are common.

Steps to Take

If your neighbour has intentionally or negligently killed your hedge in the UK, you may consider taking the following steps:

1. Communication: I know that you have tried talking to your neighbour already, but it might be worth trying one more time. You could explain that if they are not willing to discuss the matter informally, then you would like to try mediation. If they will not take part in mediation then you could explain you will have no option but to involve a solicitor.
2. Send a letter: If you don’t want to talk to your neighbour face to face then you could write to them. I have a blog on how to write a complaint letter to your neighbour that you can read here.
3. Evidence: Take photographs or gather any evidence that supports your claim of your neighbour’s involvement in killing your hedge. Do you have any video evidence of your neighbour killing your hedge? You should also look for old photos of the hedge before it was killed. This evidence may be useful if you decide to take the matter further.
4. Mediation: If discussing the issue directly with your neighbour does not lead to a resolution, you can explore mediation services. Mediation involves a neutral third party who can help facilitate a conversation between you and your neighbour, aiming to reach a mutually acceptable solution.
5. Police: You can call your local police station to report criminal damage. Make sure to get a crime number.
6. Legal Action: You may need to consider legal action if replacing the hedge is going to cost a substantial amount of money. Consult a solicitor specialising in property disputes to understand the legal options available to you. They can guide you through the process and help determine if you have a strong case. Legal fees can escalate, especially if the matter goes to court, so you need to weigh up the risks. This really is a last-case scenario. Your solicitor will also be able to check the deeds to make sure you did own the hedge.
7. Restoring Your Hedge: Consider the possibility of restoring or replacing your hedge. Consult with gardening professionals to determine the best approach for rejuvenating your property’s privacy, aesthetics, and ecological value.

If you want to gain back some control and restore your privacy then you can purchase quick-growing hedges such as laurel or garden privacy screens.

Garden privacy screens are a good idea if you want privacy while you are obtaining legal advice, as it will be cheaper than planting new hedges.

If you rent your property, then you need to contact the landlord to notify them that your neighbour has killed/damaged the hedge. Your landlord will then need to discuss this with your neighbour.

Is it criminal damage?

In the UK, intentionally killing or damaging someone else’s hedge without lawful excuse could potentially be considered a form of criminal damage. Criminal damage is a criminal offence under the Criminal Damage Act 1971.

To determine if an act constitutes criminal damage, several factors will be taken into account, including the intention behind the action, the value of the damaged property, and the circumstances surrounding the incident.

If you believe that your neighbour intentionally killed your hedge without your consent, it could potentially be classified as criminal damage.

It’s important to note that specific legal advice should be sought in your situation, as laws and regulations can vary, and professionals can provide guidance based on your specific circumstances.

Boundary disputes can escalate very quickly as there are usually a lot of emotions involved, especially if the removal of the hedge has resulted in the loss of privacy. You should deal with the situation as soon as possible.

If you are worried about a future dispute with a neighbour over a hedge or boundary then it would be a good idea to set up a video security system. I have the eufy security system and I would highly recommend it.

Video evidence is extremely useful in neighbour dispute cases.

If your neighbour came onto your land without your permission then this would be trespass.

The GOV.UK website has some further information about neighbour disputes that you can read here.

Other blogs that might be of interest:

• Neighbour Has Removed The Boundary Fence: What Can I Do?
• My Neighbour’s Garden Is An Eyesore! What Can I Do?
• Can My Neighbour Lean Things On My Fence UK? All You Need To Know
• Can I Throw Neighbours Cat Poo Back? Q & A

Final Thoughts If Your Neighbour Has Killed Your Hedge

Discovering that your neighbour has intentionally killed your hedge can be a distressing and challenging situation.

I hope this blog has given you an idea of the next steps and I really hope you manage to resolve the issue with your neighbour.

It is important to approach the issue calmly, gather evidence, and explore communication, mediation, and legal avenues to seek resolution.

Remember, seeking professional advice tailored to your specific circumstances will be crucial in addressing the issue effectively and protecting your rights as a property owner.