Hedge/Boundary/Public footpath

Hedge/Boundary/Public footpath

Postby PLC » Wed Apr 20, 2011 12:23 pm

Hi, I wonder if anyone here can offer me some guidance. I have lived in my property for 12 years having bought the house from a lady who moved into a cottage next door.
The cottage shares a boundary with us and at the time of sale we agreed a contract which covered things such as rights of access to specific areas of each others property in order to maintain our own properties etc. In the intervening 12 years we have found that our neighbour consistently ignored our agreement and we often find her wondering around our property. ( No she's not batty, just difficult!) She had lived in our house for 25 years and I think she has never let go of it. Most recently she severely hacked back one of our shrubs which was close to her fence line, and whilst I acknowledge that she is entitled to cut anything that is overhanging her land she actually cut it back at least 4 feet back over our side of the fence and took out all the height, reducing the shrub in its entirety to below the fence line. When I asked her why she had done it she said it was because she didnt like it, and when I calmly pointed out that she had no right to do it she just said " so what are you going to do about it?".
Its not the first time this has happened but I let it go because I don't have any enthusiasm for neighbour disputes, and it is only a shrub ( albeit a very nice one) but I did repeat to her that she has signed an agreement that she will ask our permission before coming on to our land and I also repeated that she has no right to do anything to our property, on our property without consent.
Now... there is a public footpath that goes past another of our boundaries ( we are responsible for the boundary) and that footpath happens to be owned by our neighbour. We have an access gate on to the footpath and a hedge that is about 4 metres long and maybe 3 metres high surrounds the gate. The hedge is ours and that is not disputed. My wife trimmed the hedge the other day ( as we has done once a year for the past 12 years) and we have recieved a very angry letter from our neighbour saying that we should have asked her permission to do it. Our neighbour does not claim the hedge as hers, she is just saying that although it is a footpath used by countless dog walkers every day we now have to ask her permission. It's a tit for tat thing I suppose. Most of the letter was typed in capital letters with italics and exclamation marks etc. We have no written agreement that we should ask permission for this area, and in the greater scheme of things its probably not something that we will lose sleep over, if asking her permission once a year means that she will start to honour our agreement then its worth doing it, but the question is... Is she correct? Do we have to ask her permission to maintain our hedge or wall that borders a public footpath although she owns the footpath?
I appreciate that this is all petty stuff, and we really are keen to be as accommodating as possible to our neighbour in order to avoid wasting time with full blown disputes, but it would be nice to know what is correct.

Any comments appreciated!
PLC
 
Posts: 1
Joined: Wed Apr 20, 2011 11:35 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Hedge/Boundary/Public footpath

Postby span » Wed Apr 20, 2011 4:47 pm

Stop trying to accomodate her.
span
 
Posts: 1466
Joined: Sat Nov 06, 2010 2:34 am

Re: Hedge/Boundary/Public footpath

Postby TO » Wed Apr 20, 2011 9:52 pm

Hi

PLC wrote: Most recently she severely hacked back one of our shrubs which was close to her fence line, and whilst I acknowledge that she is entitled to cut anything that is overhanging her land she actually cut it back at least 4 feet back over our side of the fence and took out all the height, reducing the shrub in its entirety to below the fence line. When I asked her why she had done it she said it was because she didnt like it, and when I calmly pointed out that she had no right to do it she just said " so what are you going to do about it?".
Have a word with your Community Police Officer, and see if he/she'll go round and put your neighbour right, with a warning that she mustn't continue her criminal ways. Or else he/she will be doing something about it.

PLC wrote:Do we have to ask her permission to maintain our hedge or wall that borders a public footpath although she owns the footpath?
No. You have a duty imposed by an Act of Parliament to prevent your hedge blocking the path. You must also maintain your wall so that it is not a risk to the users of the path.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: Hedge/Boundary/Public footpath

Postby appledore » Thu Apr 21, 2011 6:47 pm

PLC wrote: When I asked her why she had done it she said it was because she didnt like it,!


Our neighbour cut down our fence with a chainsaw because she didn't like it. I wonder if they're related?
Keep calm and carry on.
appledore
 
Posts: 2878
Joined: Wed Apr 12, 2006 3:50 pm

Re: Hedge/Boundary/Public footpath

Postby pilman » Sun Apr 24, 2011 1:23 pm

Exercising a public right to pass and repass along the public footpath must include a right to pass and repass whilst cutting the hedge located on your property.
In fact my daughter received a letter from the council Highways department because someone had complained that the hedge in her garden was growing into the public footpath and needed to be trimmed.
They instructed her to do that immediately, or else they would do it and charge her for their services.

You are obliged to stop your hedge from obstructing a public footpath so the neighbour may be the land-owner, but she cannot stop you doing what the Highways Act insists you do.
pilman
 
Posts: 2837
Joined: Thu Mar 11, 2010 5:08 pm


Return to Hedges

Who is online

Users browsing this forum: No registered users and 1 guest