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Q1. What If a hedge or tree overhangs your property?
Common law allows neighbours to trim overhanging branches and roots to the boundary, unless restricted by legal protections like a TPO or Conservation Area. Any cut foliage or roots must be offered back to the owner, if the owner refuses the cut foliage you are responsible for the appropriate disposal. However, trimming that causes a tree or hedge to die may lead to criminal damage claims, and neighbours cannot reduce a hedge or tree’s height without the owner’s consent.
Q2. What if the tree or shrub is a large single specimen which has a large spread, much more than most hedge specimens?
The Act does not cover single trees or shrubs, regardless of size, or trees with multiple stems from the same trunk or root plate, even if they have a large spread.
Q3. Does the Act cover tree roots that affect my property, branches that overhang and affect my guttering and cause a loss of satellite signal or view?
The council does not handle complaints about tree roots, single trees, hedge width, or loss of view and satellite signals.
Q4. The hedge impacts on the light reaching my garden, does the Act apply?
The Act applies to hedges that block light above 2 meters, regardless of any gaps. Only the appearance of the trees or shrubs above 2 meters matters, as complaints cannot be made about hedges at or below this height.
Q5. What if the hedge is not located in a garden?
The Act applies to hedges on neighbouring land owned by someone other than the applicant, regardless of location. The hedge's impact on a domestic property is key, not its exact position. It can extend across multiple properties or even be on parkland or commercial land, though the farther away it is, the less likely the application will succeed.
Q6. Can I apply if a high hedge blocks light but is not on land directly adjoining my property?
Yes, the hedge does not need to be on land immediately adjacent to the property. It only needs to significantly block light and affect the property's reasonable enjoyment.
Q7. Can Fife Council seek the complete removal of a hedge?
The Council can only require actions to address the hedge's impact, not its removal.
Q8. Will the hedge be reduced to 2 metres in height if a High Hedge Notice is approved?
Hedge reduction is determined case by case, considering factors like distance from the affected property, garden size, hedge length, and the angle to windows, not all hedges will be reduced to 2 meters.
Q9. What if the hedge includes a tree protected by a Tree Preservation Order (TPO)?
A TPO does not prevent action on a high hedge, but the Council will consider it when deciding the application.
Q10. Can I refuse Fife Council or the Scottish Government access to my land?
No. It is an offence to obstruct a person authorised by Fife Council or Scottish Ministers under the High Hedges (Scotland) Act 2013. Authorised individuals may access land to gather information, enforce a High Hedge Notice, or handle appeals. They may also enter a residence if no other reasonable access to the hedge exists and may bring necessary equipment or assistance.
Q11. What happens if I refuse to pay Fife Council for cutting my hedge?
Fife Council can recover the costs, including administrative fees and interest, from the landowner. If the hedge has multiple owners, all are jointly liable. The Council may also register a “notice of liability for expenses,” creating an ongoing burden on the property.
