Business Clinic: Hedges, trees and ditches – whose responsibility?

Whether it’s a legal, tax, insurance, management or land issue, Farmers Weekly’s Business Clinic experts can help.

Tanya Griffiths, associate in the Thrings Agricultural Litigation team, advises on responsibility for hedges and roadside trees.

See also: Business Clinic – how do I raise concerns over neighbour’s septic tank?

Q: What is the legal position on hedge and ditch maintenance? We share a lengthy boundary with the neighbouring farmer where the hedges are overgrown and the ditch is full of vegetation, resulting in flooding from time to time. We also have an issue with the hedge adjoining the main road, where the local authority has historically maintained the hedge and verge on an ad hoc basis. Are farmers responsible for overhanging roadside trees and clearing overgrown vegetation to keep road signs visible? We have looked online but cannot find any guidelines on this.

A: Maintenance for a hedge lies with the legal owner, and establishing whether you are the legal owner or the neighbouring farmer will depend on the exact line of the boundary.

How do you establish the boundary? It is not easy – title plans that you may find with the Land Registry documents when you purchase or inherit land are based on the “general boundaries rule”.

They are not an exact line of the boundary, and we advise you to stay clear from relying on them.  

One way to establish the boundary is to look at historical deeds, which may contain a description of the boundary and, if you are lucky, show the hedge and provide measurements.

Sadly, the position is not clear cut even from looking at historical deeds because boundaries can move and change over time, especially if a neighbour has erected or removed boundary features.

In this scenario, an analysis will need to be done on the maintenance of those features over time.

If there is limited evidence to the boundary both on paper and on the ground, there is a principle known as the hedge and ditch rule, which might assist in determining whether the hedge belongs to the neighbour.

The principle is that the person planting the hedge would have dug the ditch on their own land, which means that the boundary is likely to be the far side of the ditch from your neighbour’s land.

If all the evidence suggests that the hedge falls on your neighbour’s side of the boundary line, they are expected to keep the hedge to a standard which does not impinge your use and enjoyment of your property.

Flooding, as you mention, amounts to a legal nuisance, and once they are made aware of this, they are under a duty to prevent further flooding and damage to your land.

The government brought in rules which came into force in May 2024 for farmers whereby they cannot cut or trim a hedge on or next to agricultural land between 1 March and 31 August. This is to preserve wildlife and vegetation.

From what you are saying, the hedge is lengthy and therefore likely to fall within these rules, so we’d suggest maintenance is done outside this timeframe, but there could be exemptions if you are suffering flooding.

In answer to the second part of your question, if a hedge adjoins a main road, it is exempt from the rules and can be cut, trimmed or lopped at any time of the year.

This needs to be done by the legal owners of the hedge.

If all the evidence points towards the hedge, trees or vegetation belonging to the neighbouring owner on the main road, they are likely responsible for the maintenance. We would not suggest you do anything to the hedge, trees or vegetation yourself.

If they are failing to maintain it, you can contact your local authority, which can undertake the works itself and then pursue the owner for any reasonable costs incurred.

Councils also have statutory powers under the Highways Act 1980 to give notice requiring the owner to lop or cut the hedge, trees or vegetation to remove any danger, obstruction or interference to the road and/or signage.

Please note that this is a general overview and our advice may alter depending on the circumstances and documents. If you are experiencing any of these issues, we suggest you seek specialist legal advice.

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