I planted a hedge 30 years ago at the bottom of my garden on my side of the shared border with my neighbour. However, it has grown a lot and now overhangs into my neighbour’s property as they did not ever try to trim it. I am concerned that some of it may fall into their garden as a result of a storm and cause damage to their property. What are the rights and wrongs in this scenario.As the hedge was planted on your land, you remain legally responsible for it even if parts now extend into your neighbour’s property. Your neighbour has the right to cut back overhanging branches or growth to the boundary line from their own side, without providing notice, if the branches are causing a nuisance. However, they are not obliged to do so. Your neighbour is not permitted to trespass on to your property to carry out any cutting/trimming. The key issue from your point of view is whether the hedge has become a foreseeable danger.If part of the hedge fell during a storm and caused damage then liability would usually depend on whether you were negligent in maintaining it. In simple terms: If the hedge appears sound and a severe storm unexpectedly causes damage then you may not be liable;However, if the hedge is visibly overgrown, unstable or presents an obvious risk which you knew or ought reasonably to have known about then you could potentially be liable for any resulting damage. The fact that your neighbour never trimmed their side does not automatically transfer responsibility to them, given the hedge was planted within your boundary. However, if they were aware of the overgrowth and chose not to exercise their right to trim it then that could potentially become relevant should any dispute arise. From a practical point of view, I would advise that you to:Inspect the hedge properly;Ensure the hedge is not protected by a local authority (unlikely given that you said you planted it yourself);Notify your neighbour in writing that you intend to carry out maintenance;Have it professionally trimmed or assessed if it is large or unstable. If relations are currently good with your neighbour then dealing with it co-operatively now will be far cheaper than arguing later about storm damage or insurance claims should any incident occur. Dean Carney is a solicitor at P O’Connor & Son Do you have a query? Email propertyquestions@irishtimes.comThis column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content
Is it my fault if hedge that has grown on to neighbour’s property causes damage?
The hedge overhangs into my neighbour’s property as they do not trim it






