- The owner or tenant of any land is entitled to cut off branches which overhang or roots which penetrate from his neighbour ’s hedge, as long as he does it on his side of the boundary. The boundary is presumed to run vertically up and down from the line at ground level. Expenses cannot be claimed from the owner.
- Cuttings remain the property of the hedge owner. The neighbour who cuts off overhanging branches cannot utilise them in any way. He can place them on the owner ’s land. If the owner throws them back, the neighbour can claim for any financial loss incurred.
- If a neighbour has to enter the land of the owner of the hedgerow in order to cut off overhanging branches, he must first inform the owner that he intends to do so. The owner can then do the work himself if he wishes. Otherwise he cannot prevent the neighbour from entering the land unless he obtains an injunction. However, he can claim for any damages resulting from the neighbour ’s entry on his land.
- The neighbour must exercise every care to do no injury to the hedge or overhanging trees when cutting overhanging branches or penetrating roots.
- A neighbour has no legal right to any fruit on overhanging branches. If he can show that he has enjoyed the privilege of picking overhanging fruit, based on the present or previous owner ’s consent, the owner cannot withdraw the privilege.
- The owner of the fruit may, with his neighbour’s permission, enter his neighbour’s land to pick any fruit from overhanging branches, or pick up fruit which has fallen from these branches. If he is refused permission, and his neighbour refuses to deliver to him any fallen fruit, then the owner is justified in entering without permission. But he must not use force, nor must he do any damage, even to the extent of trampling on dug soil, or he can be sued for trespass.
Branches and rootstcv-admin2024-06-08T12:59:49+00:00

