insideKENT Magazine Issue 88 - July 2019 | Page 173

LAW
Know the Ground Rules
for Gardens
RICHARD CARTER
Hitting headlines recently have been several cases
where homeowners have acted outside the law, and
some who failed to act, but each having an impact
on the rights of others to enjoy their own land.
Trees are subject to a number of protections these
days but are sometimes still removed by householders
without permission. To tackle the problem, local
authorities are taking action by focusing attention
on the economic advantage gained by homeowners.
In one recent case, the owner of a property in Dorset
cut down 11 trees, including mature oak, beech and
sweet chestnut, which were covered by a tree
preservation order, a TPO, which required council
consent to prune or fell them. The removal of the
trees gave more light to the side of the property and
increased the usable garden size and was estimated
to have added £137,500 in value to the £2m home.
Owner David Matthews had been given an earlier
warning after breaching a TPO, and despite arguing
that he had taken the action to protect his
grandchildren from falling branches he was ordered
WARMER WEATHER DRAWS OUR ATTENTION TO THE
OUTDOORS, AND A VISIT TO THE GARDEN CENTRE WILL
BE TOP OF THE TO-DO LIST FOR MANY AS THEIR THOUGHTS
TURN TO GARDENS AFTER THE SLOW START TO SPRING.
BUT BEING SURE OF THE GROUND RULES IS A GOOD IDEA
BEFORE YOU START. BY RICHARD CARTER
to pay a sum equal to the increased value under a
Proceeds of Crime Order, together with fines and
court costs, to a total of £170,000.
In another case, an unwelcome visitor across
boundaries put neighbours at loggerheads
caused by the hugely destructive Japanese
Knotweed. Recently a fine of £18,000 was imposed
on a property owner under anti-social behaviour
legislation, for failing to deal with the invasive garden
menace. New powers were introduced in 2014 under
the Anti-Social Behaviour, Crime and Policing Act
2014 and in this case the owners had ignored a
community protection notice, ordering them to get
rid of the knotweed. When no action was taken, the
local authority prosecuted, and the resulting court
order included a requirement to hire a specialist
company to implement a treatment plan.
chat with the neighbour. If they don’t tackle the
problem, then you may have to consider action.
Hedges and trees must not be a nuisance or affect
your enjoyment of your home or garden, and you
can trim branches or roots that cross into your
property from a neighbour’s property or a public
road, but only as far as the property boundary. More
than that, and it could be your neighbour taking
you to court for damaging their property.
In conservation areas, or where trees or hedges are
protected by a TPO, council permission may be
required for pruning and cutting back.
For more information or to get advice on
garden, tree or boundary problems, contact
[e-mail] or visit
www.martintolhurst.co.uk
Boundary disputes can be one of the most heated
areas for homeowners. If you’re concerned about
hedges or trees growing over into your property, or
if you can see a problem like Japanese Knotweed
next door, then the starting point is to have a quiet
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