Business Clinic: Hedges, trees and ditches – whose responsibility?

Whether it is a legal, tax, insurance, administrative or real estate matter, Farmers Weekly Business Clinic experts can help.

Tanya Griffiths, associate in the Thrings Agricultural Litigation team, advises on liability for roadside hedges and trees.

See also: Business Clinic – How do I raise concerns about my neighbor’s septic tank?

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Q: What is the legal situation regarding hedge and ditch maintenance? We share a long boundary with the neighboring farmer where the hedges are overgrown and the ditch is full of vegetation, which causes flooding from time to time. We also have an issue with the hedge adjacent to the main road where the local authority has maintained the hedge and verge on an ad hoc basis in the past. Are farmers responsible for overhanging roadside trees and clearing overgrown vegetation to keep traffic signs visible? We looked online but can’t find any guidelines on this.

A: The maintenance of a hedge is the responsibility of the rightful owner. Determining whether you are the legal owner or the neighboring farmer depends on the exact boundary line.

How do you set the limit? This isn’t easy – property plans that you may find in the land registry records when you buy or inherit property are based on the ‘general boundary rule’.

They do not represent an exact boundary line and we advise you not to rely on them.

One way to determine the boundary is to look at historical documents, which may contain a description of the boundary and, if you are lucky, show the hedge and give measurements.

Unfortunately, the situation cannot be clearly determined even by looking at historical documents, as borders can shift and change over time, especially if a neighbor has built or removed border fortifications.

In this scenario, an analysis of the maintenance of these functions over time must be carried out.

When there is limited evidence of the boundary, both on paper and on the ground, there is a principle known as the hedge and ditch rule that can help determine whether the hedge belongs to the neighbor.

The principle is that the person planting the hedge has dug the ditch on their own land, meaning the boundary is likely to be on the other side of the ditch from your neighbour’s land.

If all evidence suggests that the hedge is on the side of your neighbor’s boundary line, they will be expected to maintain the hedge at a level that does not interfere with your use and enjoyment of your property.

Flooding, as you mentioned, is a legal nuisance and once notified of it, they have a duty to prevent further flooding and damage to your land.

The government introduced rules that came into force in May 2024 for farmers not to cut or prune hedges on or near agricultural land between March 1 and August 31. This serves to protect the animal and plant world.

As you say, hedging is lengthy and therefore probably falls under these rules. We therefore recommend carrying out maintenance outside of this time frame. However, there could be exceptions if you are affected by flooding.

In answer to the second part of your question, if a hedge borders a main road it is exempt from the regulations and can be cut, trimmed or trimmed all year round.

This must be done by the rightful owners of the coverage.

If all evidence points to the neighboring owner’s hedge, trees or vegetation on the main road, they are likely to be responsible for maintenance. We advise you not to do anything to the hedge, trees or vegetation yourself.

If maintenance is missed, you can contact your local authority, who can carry out the work themselves and then charge the owner for any reasonable costs incurred.

Under the Highways Act 1980, local authorities also have the statutory power to issue notices requiring the owner to cut or clear hedges, trees or vegetation to remove any hazard, obstruction or nuisance to the road and/or signage.

Please note that this is a general overview and our advice may change depending on circumstances and documentation. If you experience any of these issues, we recommend that you contact legal counsel.

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