There is no height restriction on trees and you may be able to cut back the overhanging branches to the boundary. However, before either you or your neighbour carries out work to any trees it is important to check the trees are not covered by a tree preservation order or located within a conservation area.
If you are unable to resolve issues relating to blocking of light and shading caused by a tree on a neighbours land then The High Hedges (Scotland) Act 2013 may provide a solution to problems caused by hedges which grow over two metres tall, and block out light.
This Act gives homeowners and occupiers a right to apply to a local authority for a high hedge notice and empowers local authorities to enforce decisions made in relation to high hedges in their local area.
Making an application to the local authority for a high hedge notice should be a last resort action.
If the tree is on our land then a potential applicant should take all reasonable steps to resolve the issue with us as the landowner before making the application. For further information contact our planning service.
The definition of a “high hedge” in accordance with the Act is “a row of two or more trees or shrubs, rising to a height of more than two metres above ground level, and which forms a barrier to light”.
The High Hedges (Scotland) Act 2013 concerns hedges and is not designed to impact on woodlands and forests which as a general rule are not planted as hedges. However, in some cases woodland and forest edges that border a property may take form and have the effect of a high hedge.
For trees or shrubs to be considered as a high hedge, they must first be a hedge. A hedge is defined by the Oxford English Dictionary as:
“A row of bushes or low trees (e.g. a hawthorn, or privet) planted closely to form a boundary between pieces of land or at the sides of a road”
As a landowner, we consider a hedge to be a hedge if it meets all three points below:
- Intention at time of planting – if the shrubs/trees were planted as a linear feature then it is considered a hedge.
- Spacing of shrubs/plants – if specimens were planted less than 600mm apart then it would be considered a hedge. If greater than 600mm then it would be considered woodland planting.
- Maintenance in the past – the feature should have been maintained as a hedge in the past.