I am being threatened by my neighbour over my hedge. 

The hedge has been there for years, and pre–dates either of us buying our homes. The roots are on my side, and between the hedge and my neighbour's garden there is also a secure fence. 

Over the years, the tops of the hedges have grown over the fence and into the neighbour's garden. 

My neighbour seems to think that I should go into his garden and trim it for him. After I politely refused and said he could do it himself, he has been threatening me in Whatsapp messages. I never gave him my phone number so I'm concerned about how he has got this.  

He messages me constantly saying he will make me pay to have the hedge removed, and throw it all into my garden.

Separately, he is using an oil drum to burn rubbish in his own garden which is irritating to me. He has also had extensive and noisy building work for most of last year with no warning or apology. 

I am a woman living on my own and do not feel safe with this bully next door. What can I do? 

Jane Denton, of This is Money, replies: Unlike fences, hedges are not static boundaries as they grow and expand.

Hedges will naturally encroach over property boundaries, and unless an agreement is in place stating otherwise, it is your neighbour's responsibility to trim and maintain the section of the hedge on his land. 

As it is on his land, your neighbour can cut back any part of the hedge that falls over the boundary line. 

In theory, he should then offer to return the parts he has cut off back over to you – though most people do not want back a pile of leaves and branches. 

Your neighbour cannot compel you to go into his garden and cut back or remove the part of the hedge which is on his land. While some people might offer to do this voluntarily if they have large tree or hedge, it is not required in law. 

While your neighbour should offer you the cuttings, he is also not entitled to simply throw garden waste onto your property. 

In most cases, it would be a good idea to write a short and polite note to your neighbour stating that he cannot force you to pay to get the hedge cut down and that it is his responsibility to maintain the portion of it in question. 

But given what you have said about your neighbour, I'm not convinced this approach will work. 

Depending on their exact content and frequency, the messages from your neighbour could constitute criminal offences. If you are concerned for your safety, you should call 101 or the police. 

I asked two property law experts for their advice.  

James Naylor, a partner at Naylor Solicitors, says: The law surrounding hedges and garden boundaries is often less straightforward than neighbours assume. 

But one principle is clear: a property dispute must never descend into intimidation.

If the hedge grows over on to your neighbour's land, that part will generally belong to him, and responsibility for maintaining it will usually rest with him. You are under no obligation to enter his property to trim his plants.

One possible exception would be if there is a covenant in place – a binding legal promise affecting the land. 

However, covenants requiring work or expense are usually agreed between two homeowners, and do not automatically pass on when the property is sold. 

Unless you expressly accepted such an obligation when buying, an old promise by a previous owner is unlikely to bind you.

Where branches or roots encroach across your boundary, you are generally entitled to cut them back to the boundary line from your own side, provided you do not trespass onto neighbouring land. 

Any cuttings technically remain the property of the hedge owner and should ordinarily be offered back rather than simply discarded. 

Equally, your neighbour is not entitled to throw hedge cuttings or garden waste onto your land. Depending on the circumstances, that could amount to trespass or an unlawful deposit of waste.

The Whatsapp messages are concerning. Threatening or abusive communications may constitute criminal offences under communications legislation and may also form part of a course of conduct amounting to harassment under the Protection from Harassment Act 1997. 

Harassment can give rise both to criminal liability and to civil remedies, including injunctions and damages for anxiety or distress caused. 

If the conduct continues, do not delete any messages. Retain screenshots and contemporaneous notes of incidents. If you feel threatened or unsafe, report the matter to police via 101, or 999 in an emergency. 

It may also be wise to speak to a solicitor.

The bonfire and oil drum raise separate issues. Smoke drifting from one property into another can amount to private nuisance where it materially interferes with ordinary use of the land. 

The same conduct may also amount to a statutory nuisance under section 79 of the Environmental Protection Act 1990. 

The council's Environmental Health department must take reasonably practicable steps to investigate complaints of potential statutory nuisance and, where satisfied that a statutory nuisance exists or is likely to recur, may serve an abatement notice.

After a year of disruptive building works, you have shown remarkable patience. But this is no longer simply about a hedge. 

It is about boundaries in the broader sense: legal, personal and emotional. Everyone is entitled to feel safe in their own home.

Manjinder Atwal, a director of housing and property litigation at Duncan Lewis Solicitors, says: Disputes between neighbours over hedges and boundaries can escalate very quickly, particularly where communication has broken down. 

However, it is important to understand that one neighbour cannot simply force another to carry out work on land they own themselves.

Some of the top of the hedge now appears to sit within the neighbour's property boundary. 

In general terms, responsibility for maintaining a hedge usually falls to the owner of the land on which it stands, unless there is a clear agreement stating otherwise. 

If the neighbour purchased the property with the hedge already in place, it is very difficult for them to argue that you are somehow automatically responsible for removing or maintaining it.

Equally, while neighbours are entitled to trim back overgrowth affecting their own property, they should not behave in a threatening or intimidating manner in the process – or at any time in truth. 

Whatsapp messages threatening to dump waste into your garden or force payment potentially cross the line into harassment or anti–social behaviour, particularly where there is a pattern of conduct that is causing you alarm or distress.

It is sensible to avoid escalating the dispute face-to-face. Keep all communication civil, even where they are not being so, and in writing where possible.

Retain copies of messages, photographs and a timeline of incidents, including the alleged threats and any issues involving burning rubbish or smoke affecting your property. 

If rubbish is being burned in a residential garden, particularly in a way that creates excessive smoke or nuisance, the local council's environmental health team could also be enlisted to investigate.

Where a neighbour's behaviour becomes persistent, threatening or intimidating, it may also amount to anti–social behaviour. 

In those circumstances, it is important to report concerns to the police on 101, your local authority's anti–social behaviour team, or, where relevant, a housing association or social landlord. 

Keeping a detailed record of incidents, including messages, photographs and dates, can be extremely helpful in building evidence if formal action becomes necessary. 

In more serious cases, the courts can impose measures such as civil injunctions or criminal behaviour orders to address conduct causing harassment, alarm or distress. Even if no immediate action is taken, creating a documented history can become important if matters continue to worsen and further action is required.

In practical terms, disputes of this kind are often best approached calmly and formally. 

A short written response making clear that you do not accept responsibility for the hedge, and asking that communication remains civil, can sometimes help establish boundaries without inflaming tensions further.

If the situation continues or escalates, you may wish to seek advice from a solicitor.

Neighbour dispute? Get in touch: editor@thisismoney.co.uk