Naboloven fence

What does the neighbourhood law say about hedges?

Disagreements about hedges are among the most common neighbourhood conflicts.

The rules that apply depend on where the hedge is located. If the hedge is located somewhere on the property, then it is subsequent laws that apply. If the hedge functions as a fence, then it is the law of cheap labour which regulates neighbourly relations.

• Read also: The Neighbourhood Fence Act (grannegjerdelova).
• Read also: Act on legal rights between neighbours (Neighbourhood Act)

What is a legal hedge?

The Neighbourhood Act states that a hedge that is lower than two metres is legal, while the Fence Act states that a neighbour can erect a hedge at their own expense.

For hedges that function as a fence, the starting point is that these are erected on the dividing line between the plots, and that it does not extend further into the neighbour's plot than your own. If the hedge is wider than one metre, the owner's hedge must not extend more than half a metre into the neighbouring property.

What is an illegal hedge?

If your neighbour's hedge is higher than two metres, it is considered illegal under the Neighbourhood Act if it causes damage or inconvenience. If your neighbour's hedge is planted on your property, grows far into your property or blocks your evening sun, the hedge may be illegal under the Fences Act.

How tall can a hedge be?

The Fence Act says nothing about how high a hedge can be, and this must therefore be assessed on a case-by-case basis, while the Neighbourhood Act states that a hedge that is not a fence is legal as long as it is lower than two metres.

When can I demand my neighbour's hedge be removed?

The hedge or fence should not be erected or maintained in a way that is unnecessarily or unreasonably inconvenient or harmful to the neighbour. In this case, you can demand that the hedge or fence be corrected or removed.

This is a discretionary assessment that weighs the hedge owner's advantages against the neighbour's disadvantages. This must therefore often be clarified in court.

Do I need a lawyer?

What constitutes an unnecessary or unreasonable inconvenience or damage is not always easy to determine on your own. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal expenses insurance. This covers your legal expenses up to NOK 100,000 in the event of a hedge dispute. You will have to cover your own insurance excess and any legal fees in excess of this amount.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in disputes relating to the Neighbourhood Act and the Fence Act. Our lawyers have extensive experience and are experts in property disputes.

We always offer a free conversation about your case. Get in touch with us today.