AS we head into the cooler autumn months keen gardeners might be looking to do one last tidy up of their outdoor space.
But if your to-do list includes cutting back your hedges, you might want to think twice.
The little-known rule could land farmers with fines[/caption]
Although residential gardeners can cut hedges, destroying a bird’s nest could still land you with a fine[/caption]
That’s because you could end up violating environmental legislation put in place in a bid to protect birds.
With the exception of special circumstances, agricultural hedgerows can’t be cut between April 1 and August 31.
That said, it’s still completely lawful to cut residential hedges, so most people don’t need to worry too much.
However, gardeners still need to keep an eye out for bids nests, as destroying them is a legal breach, even if done accidentally.
“Under Section 1 of the Wildlife and Countryside Act 1981, it’s an offence to intentionally damage or destroy a wild bird’s nest while it is being built or in use.
“That includes consciously using a hedge trimmer when there is a bird’s nest in your hedge, and in the process of doing so, causing the nest to be damaged or destroyed,” Specialists at Husqvana explained.
According to Express.co.uk, this is supported by The Royal Society for the Protection of Birds agrees that damaging a birds nest becomes illegal if it’s active or under construction.
Going against this could leave you with an unlimited fine and possibly even six months jail time.
“The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both. Suffice to say, it is certainly not a risk worth taking,” the RSPB said.
This is why for the likes of farmers, cutting hedges is a no-no during the summer months.
From September there’s less chance of destroying a birds next, so farmers can cut and trim freely.
More garden laws you could be breaking
PICKING FRUIT
Picking and keeping fruit from someone else’s plants or trees is technically stealing.
Even if overhanging branches lean over into your garden, its fruit belongs to your neighbour if it grows from the soil in their garden.
According to the law, you should leave the fruit alone or offer it back to your neighbour.
Most recently, a “school bully” gardener was smacked with a £200,000 court bill after her neighbour sued over rotten apples has lost a bid to fight her case again.
PRUNING BRANCHES
Trimming those overhanging branches, however, falls under another tricky category.
You can cut off any branches that intrude into your property – but you cannot trespass in order to do so.
This means you cannot enter your neighbour’s garden or cross into their land to prop up your ladder or climb a tree.
If you do decide to prune the offensive plant from your land, you don’t need to notify your neighbour or ask them permission.
Yet even once you’ve cut these branches, which remain your neighbour’s property, you should still offer them back to the owner.
Make sure not to cut the tree back further than the official boundary, especially if it could prevent regrowth.
You are responsible for any damage to the tree, for example, if the cutting makes it die.
Gardening mistakes that could get you fined
Gardening experts over at Toolstation have revealed the garden laws you need to be aware of not breaking.
While some of these laws could land you with a fine of up to £20,000 in extreme cases, a friendly chat with your neighbours can usually resolve any issues.
Tree removal and pruning: If you have a tree in your garden you want to get rid of you better think twice and do your research.
The gardening experts reveal: “If one neighbour wishes to remove or heavily prune a tree that the other neighbour values, disputes can arise over the impact on the view, shade, or privacy. “
While it might cause a row, if it is in your property boundary it is ultimately your choice, unless it has a Tree Protection Order on it.
“But, some trees may be protected by a Tree Protection Order which makes it an offence to uproot, top or destroy them, the experts warn.
The maximum fine for breaking this law is £20,000, so make sure you double check if it does have a TPO.
You can find out by contacting your local council for a map that shows this information. Alternatively, you can ask to speak with your local tree officer.
Property boundaries and fences: One of the main causes of neighbours falling out is through arguing over property boundaries and fencing.
To avoid this situation, the gardening pros recommend checking the deeds of your property to determine the correct boundaries
“Most of the time, it’s easy to determine who owns the fence as the fence posts will usually be on the owners side,” they add.
“Additionally, the height of fences or hedges can cause disputes between neighbours if one party feels the height has exceeded the two metre guidance.
“Hedges and fences should be no more than two metres high, and you could be asked by the council to take them down if a neighbour complains about the height.
“Luckily, standard fence sizes are less than two metres tall so you shouldn’t have a problem.”
Garden structures and additions: A pergola is the perfect addition to a garden if you want somewhere to relax in the shade.
But if it obstructs your neighbour’s view or violates local building regulations it could cause a dispute, as can sheds and other garden structures.
“If you’re not sure, have a chat with your neighbours to let them know what you’re planning and, if there’s an issue, get in touch with your local council who can give you more guidance,” advise the gardening experts.
Overhanging branches and plants: “When branches, vines, or roots from one neighbour’s tree or plant extend into the neighbouring property, it can lead to disagreements over potential damage to structures, blocked views, or the burden of maintenance,” reveal the pros.
However, it’s important to note you can only trim overhanging branches up to the boundary of your property otherwise, it could be seen as trespassing.
You can climb into the tree to carry out the work if needed, but only on your property and make sure to stay on your side of the fence if you don’t have permission to enter your neighbours garden.