Solution to Hedge Rage one step closer
Posted: Monday 6 February 2012
Proposed legislation to tackle the oft-encountered high hedge neighbour dispute problem has advanced, with a decision by the Scottish Parliament’s Local Government Committee that the private members’ Bill by Mark McDonald MSP can move to a final proposal. To progress, the Bill must now gain the support of at least 18 MSPs from at least half of Holyrood’s political parties.
If it becomes law, the Bill will empower local authorities to compel residents to take action on overgrown hedges, with the authorities ultimately carrying out the work themselves and seeking reimbursement from the resident if no action is taken. Such powers are already available in England and Wales. It is hoped that the Bill will include provisions covering the use of mediation to resolve disputes. While tall hedges might sound like a trivial issue, disputes can become serious a seemingly minor argument can escalate into a significant problem, with court appearances (and the associated stress and costs) not uncommon.
As David Hossack – an experienced mediator and a Partner in Morton Fraser’s Litigation division – explains, these disputes are often about far more than just the state of the garden. He comments: "I volunteered for a period as a neighbourhood mediator and can confirm that this is a real problem. In practice there is often more to a dispute about hedges than the hedges themselves. Mediation provides an effective platform to tackle these wider issues.”
In cases involving disputes between neighbours mediation can be a useful tool for resolving disagreements and is generally cheaper than going through the court process. It also gives both parties a greater say in the outcome of the dispute, which may bode well for future relations. If you think mediation might help resolve your dispute – whether with your neighbours or otherwise – Morton Fraser can help. Contact David on 0131 247 1024, or email him at david.hossack@morton-fraser.com
On a more general note, the laws surrounding hedges and trees are decidedly complex, and outcomes depend heavily on the facts of each case. You might view a dispute over a high hedge as clear-cut (and indeed, if you cut the hedge, your view may well be clear), but this could prove to be far from the case. It is always advisable to seek legal advice, and prevent problems later. If you would like advice on this or other planning matters, contact our Head of Planning, Douglas Milne. Douglas is a Partner who advises public sector, commercial and private clients on all aspects of planning law. Contact Douglas on 0131 247 3181, or email him at douglas.milne@morton-fraser.com
