Overgrown trees and hedges can cause problems by blocking out light, or overhanging a boundary into a neighbour's garden or over the road or pavement.
Trees by a Highway
The landowner is responsible for all vegetation growing on their land and, in some circumstances, where vegetation is growing in the roadside verge. Cumbria County Council Highways Department is the responsible authority where trees are causing an obstruction or a hazard on the roads or pavements and they have powers under the Highways Act to contact the owners and request that the problem be dealt with. Contact the Highways Hotline on 0845 6096609 and report as accurately as possible the location of the problem.
Trees Overhanging Your Garden
Under common law, you are entitled to cut back to the boundary any branches that are growing over your property. You must offer to return the cut material back to the owner and you should be aware that if the work you do causes the tree or shrub to die, you may be held responsible by the owner resulting in legal proceedings. If you live in a Conservation Area or the tree is protected by a Tree Preservation Order you will also need to seek consent from the Council before beginning any work.
Under Part 8 of the Anti-Social Behaviour Act 2003, it is possible to submit a complaint to the Council about a high hedge that meets the definition within the Act. The hedge must be evergreen or semi-evergreen, must comprise at least two trees or shrubs and it is only the part of the hedge over 2m in height that can be considered. This does not mean that every evergreen hedge has to be cut down to 2 metres height, there is no fixed height and every case is considered on its merits. Complaints are dealt with by Development Control and leaflets explaining the legislation are available at the Council office.
Also see Hedgerow Removal Notice
For further information:
Contact: Arboriculturist (Thursday and Friday only)
Telephone: 01768 212159
Fax: 01768 890732
Address: Eden District Council, Mansion House, Penrith, Cumbria CA11 7YG