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Part 8High hedges

Introductory

65Complaints to which this Part applies

(1)This Part applies to a complaint which—

(a)is made for the purposes of this Part by an owner or occupier of a domestic property; and

(b)alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(2)This Part also applies to a complaint which—

(a)is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and

(b)alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,

as it applies to a complaint falling within subsection (1).

(3)In relation to a complaint falling within subsection (2), references in sections 68 and 69 to the effect of the height of a high hedge on the complainant’s reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.

(4)This Part does not apply to complaints about the effect of the roots of a high hedge.

(5)In this Part, in relation to a complaint —