Unusual Gardening Laws Landscapers Keep In Mind

Spring has finally arrived, and with that many people are finally stepping out into the garden once again, either to start maintenance work or take advantage of gardening services to give their outdoor spaces a refreshing new look.

There are a lot of benefits to contracting the professionals, from expert advice and assistance, quick turnaround times and flexibility to avoid as much disruption as possible for your place of work.

However, one benefit that is not quite as well known is that they can navigate you through the many planning and legal hurdles that can sometimes be associated with more ambitious landscaping projects thanks to our expertise.

With that in mind, here are a few somewhat unusual and esoteric UK laws that landscapers must keep in mind, but there is a good chance that some home gardeners have broken them without even knowing.


Be Careful Where You Plant Trees

ne of the most wonderful features found in a garden, as they grant shade and are often used in various forms to create a sense of landscape continuity. However, in some cases, planting a tree can technically break the law without anyone knowing about it.

The basic issue is the Right to Light; if the owner of a building with windows has received natural daylight for 20 years or more, he has the right to block any obstruction to that light, which can include a tree, although it is unclear if that legal principle has ever been challenged in court.


Trimming Trees

Speaking of trees, have you ever wondered why in some cases landscapers only trim part of a tree? 

The reason for this is that if a tree overhangs into your property, you are within your right to trim it, but only up to the property line, otherwise, it is considered to be trespassing.

With that said, if the tree is under a Tree Preservation Order, you cannot trim the branches without written consent from the local planning authority, regardless of where it is planted.


Windfalls Are Not Fair

Interestingly, whilst you can trim the branches, the sticks, plants, and fruit officially belong to the property owner of the tree and not where they overhang, so you can be asked to hand over any apples that happen to fall into your outdoor spaces

Do not throw them back though, as that counts as fly-tipping.

However, at the same time, if leaves fall from their trees onto your land, they have no obligation to clear them up. So much for windfalls.


Fences And Hedges

It is essential before fitting a fence or hedge to highlight and protect the boundary of your property that you are pretty sure you know where it is because it can lead to a lot of issues about where a fence can be and who is responsible for taking care of it.

Sometimes the deed to the property will state who needs to take care of what, but in some cases, the boundaries have shifted with time. Sometimes the only way to know for sure is to buy the legal documents from the land registry to confirm where the line should be drawn.

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