There's no doubt that hedges make wonderful garden boundaries, providing privacy, greenery and valuable shelter for wildlife. But they also require regular pruning and can take up a surprising amount of space – which might leave you wondering whether you can remove yours and put up a garden fence instead.
If that hedge separates your garden from next door, however, reaching for the hedge trimmer without speaking to your neighbour first could be a mistake.
Jump to:
- Can I remove a boundary hedge without my neighbour’s permission?
- Can I put up a fence without telling my neighbour?
- How do I know whether the hedge belongs to me or my neighbour?
- Do I need planning permission to replace a hedge with a fence?
- What if the hedge is protected?
- What about nesting birds in the hedge?
- Does the Party Wall Act apply to a garden fence?
- What happens if my neighbour doesn't want the hedge removed?
- Should you tell your neighbour before replacing a hedge with a fence?
- 5 key checks before replacing a boundary hedge with a fence
So, can you replace a hedge with a fence without telling your neighbour?
The short answer is: potentially, if the hedge is entirely yours and the new fence is entirely on your land. But, crucially, you should establish ownership and the position of the boundary before doing anything.
In practice, speaking to your neighbour first is normally a good idea, even when you believe you are legally entitled to carry out the work.
Can I remove a boundary hedge without my neighbour’s permission?
It depends on who owns the hedge.
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If the hedge is growing entirely within your property and belongs to you, you will generally be able to remove it. The situation becomes more complicated when a hedge sits on, or straddles, the boundary between two properties.
Don’t assume that a hedge belongs to you simply because you have always maintained it, or because most of its growth appears to be on your side.
In England and Wales, HM Land Registry says there is usually no record of exactly where the boundary between two properties lies or who owns a hedge, wall, tree or fence separating them. Title plans normally only show the general position of a boundary rather than its precise location.
Before removing a boundary hedge, check your title register, title plan and any deeds available for the property for useful information about the boundary or responsibility for maintaining it.
If the hedge is jointly owned, or belongs to your neighbour, removing it without their agreement could potentially result in a civil dispute.
Can I put up a fence without telling my neighbour?
If the fence will lie entirely on your own property and the work doesn't otherwise require notice, there isn't a general rule in England and Wales requiring you to ask your neighbour's permission simply because they will be able to see the fence.
That doesn't mean silently replacing a long-established boundary feature is a good idea.
If there is any uncertainty about exactly where the legal boundary lies, installing fence posts along what you think is the boundary could create a disagreement about encroachment.
Government advice recommends an informal discussion with your neighbour as a way of avoiding the need for a more formal boundary agreement. Neighbours can also make a written boundary agreement recording where the boundary lies and who is responsible for maintaining a hedge, wall, tree or fence.
The safest approach? Tell your neighbour what you're planning before the hedge comes out, establish who owns it and agree where the replacement fence will sit.
How do I know whether the hedge belongs to me or my neighbour?
Start with your property paperwork.
You can obtain the title register and title plan for registered property in England and Wales through HM Land Registry.
However, don't fall for the common assumption that every homeowner automatically owns the boundary on a particular side of their garden. There is no universal rule that determines ownership.
Nor should you rely on the red line on a Land Registry title plan to work out the boundary down to the nearest centimetre. HM Land Registry explicitly warns that this edging cannot be treated as identifying the exact position of the legal boundary.
If the paperwork is inconclusive and you and your neighbour disagree, seek advice from a boundary specialist, chartered land surveyor or solicitor rather than removing the hedge first and resolving the problem afterwards.
Do I need planning permission to replace a hedge with a fence?
The removal of an ordinary domestic garden hedge and the planning rules for erecting a new fence are separate considerations.
In England, you generally won't need planning permission for a new fence, wall or gate if:
- it is less than one metre high where it is next to a highway used by vehicles, including the footpath of that highway; or
- it is less than two metres high elsewhere.
Different restrictions can apply to listed buildings and their curtilage, and permitted development rights can also be removed or altered in particular circumstances. If you're unsure, check with your local planning authority before starting work.
Don't assume that, because the existing hedge is three metres tall, you can automatically replace it with a three-metre fence. Hedges and fences are treated differently for planning purposes.
Rules also differ across the UK. Scotland, for example, has its own permitted development rules for gates, fences and walls, including additional restrictions affecting conservation areas. Homeowners in Scotland and Northern Ireland should check the rules where they live before beginning work.
What if the hedge is protected?
Ownership isn't the only consideration.
Some countryside hedgerows in England are protected under the Hedgerows Regulations 1997. If a hedge meets the criteria for protection, it cannot simply be removed. You may need to apply to your local planning authority before carrying out the work.
These rules generally concern qualifying countryside hedgerows rather than the average suburban garden hedge, but they're important if your property borders agricultural land or countryside.
There may also be additional protections associated with conservation areas, planning conditions, restrictive covenants or protected trees within a hedge.
What about nesting birds in the hedge?
It's also important to consider wildlife before removing a mature hedge.
Even where you are entitled to remove the hedge itself, active wild bird nests are legally protected. This makes it particularly important to check carefully for nesting birds before substantial hedge cutting or removal, especially during the main nesting season (typically from March to the end of August).
From a wildlife perspective, it can also be worth questioning whether complete removal is necessary. Mature hedges provide food, shelter and nesting habitat for birds and other garden wildlife in a way that a solid fence cannot.
If privacy or maintenance is the problem, reducing the hedge, rejuvenating it or replacing unsuitable plants with a more manageable hedge could offer a compromise.
Does the Party Wall Act apply to a garden fence?
Usually, a standard timber boundary fence isn't a party wall.
Government guidance specifically states that a garden wall standing on land belonging to two owners can constitute a party wall, but wooden fences do not.
However, the Party Wall Act 1996 can become relevant to certain work at a boundary, including building a new wall on or at the boundary and some excavation near a neighbouring property. In those circumstances, formal notice may be required.
So, if you're planning more substantial boundary work rather than simply installing timber fence posts, check whether the Act applies before work begins.
What happens if my neighbour doesn't want the hedge removed?
If the hedge is wholly yours and the work can lawfully be carried out on your property, your neighbour's preference for a hedge does not necessarily give them a veto.
But if ownership of the hedge or the position of the boundary is disputed, don't remove it until that issue has been resolved.
Boundary disputes can become expensive and stressful, particularly once a physical feature that may have marked the boundary for decades has disappeared.
Where neighbours agree, a boundary agreement can formally record the position of the boundary or responsibility for maintaining boundary features. If greater certainty is required, owners of registered property can also apply to HM Land Registry for a determined boundary, although it's worth getting legal advice before doing so.
Should you tell your neighbour before replacing a hedge with a fence?
Yes – even if you believe the hedge and land belong entirely to you.
There may be circumstances where you don't legally need your neighbour's permission, but giving them advance warning is different from asking them to make the decision for you.
A quick conversation gives you the opportunity to confirm that you both understand where the boundary lies, discuss access if contractors need it and explain what the finished fence will look like.
5 key checks before replacing a boundary hedge with a fence
Before replacing a boundary hedge with a fence, make sure you have done the following:
- Establish who owns the hedge before cutting or removing it.
- Check the boundary rather than assuming the hedge itself marks the exact legal line.
- Look at your deeds, title register and title plan for any relevant boundary obligations or agreements.
- Check planning and other restrictions, particularly if the fence will exceed normal permitted development limits or the property is listed, protected or in a conservation area.
- Speak to your neighbour before work starts, even if their formal consent isn't required.
After all, a fence might take a weekend to put up, but a boundary dispute can last considerably longer.
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Cara is Commissioning Editor at Country Living, covering everything from style and interiors to sustainability, artisans and the great outdoors. She has previously worked for Good Housekeeping, Homes & Gardens, House Beautiful, Prima and Red, and has an MA in Magazine Journalism from City University and a BA in Music from the University of Oxford. Follow Cara on Instagram @caralaskaris or Linkedin.
