Neighbours hedges ????

Neighbours hedges ????

Postby andyroo1410 » Tue Jun 05, 2012 1:48 pm

Hi there,

Newbie looking for some advise re a hedge that's pushing my blood pressure to the limit.

To the rear of my property there is a path that is a privately owned public right of access, according to the deeds of my house I own the piece of the path directly at the back of my property. The deeds to my property state this must be kept clear for public right of access.

My neighbour to the rear has a privet hedge that is well established and by all accounts lovely however it has turned a 4 foot wide path into a path about 18 inches wide, this has restricted access into the rear of my property. Access is still available however is becoming more and more dangerous. This guy has let the edge encroach so far it's now becoming a problem. In his side, (in hs garden) its been kept back so very little of its actually on his property any more, this is illustrated by adjoining neighbours that replaced hedges with high walls.

I have spoken to this person numerous times and have asked for this to be cut back to enable access. The resulting "cutback". Has been slight and infrequent. Realistically this hedge needs to be cut back about 2 + feet however he is refusing to do this as there ( in his words) would be none if it left.

What can I do about his, I've spoken to my local council however because this is private land they won't do anything.

Help :(

Thanks in advance

Andy
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Re: Neighbours hedges ????

Postby span » Tue Jun 05, 2012 1:53 pm

DIY
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Re: Neighbours hedges ????

Postby andyroo1410 » Tue Jun 05, 2012 1:58 pm

Can I though? It's not mine.
There is nothing more I'd love than to take a chainsaw to the damn thing and the it back to where it should be however I really don't fancy getting sued b the old coot :)
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Re: Neighbours hedges ????

Postby span » Tue Jun 05, 2012 2:16 pm

Do it. Worry about the consquences later.
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Re: Neighbours hedges ????

Postby andyroo1410 » Tue Jun 05, 2012 3:16 pm

Cheers but I can't just go and cut it back as it's not mine surely. Isn't that criminal damage ?
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Re: Neighbours hedges ????

Postby arborlad » Tue Jun 05, 2012 3:26 pm

andyroo1410 wrote:I own the piece of the path directly at the back of my property.

Help :(

Thanks in advance

Andy


Do you own the whole of that path, or just half of it?
arborlad

smile...it confuses people
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Re: Neighbours hedges ????

Postby andyroo1410 » Tue Jun 05, 2012 3:55 pm

I'm pretty sure the deeds say its mine and it has to be kept clear for access, without digging them out again I'm 90% certain that's what it says :)
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Re: Neighbours hedges ????

Postby span » Tue Jun 05, 2012 5:53 pm

Andy, stop dithering and start cutting! The worst that will happen is your neighbour gets his nose bent out of shape a bit.
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Re: Neighbours hedges ????

Postby Treeman » Tue Jun 05, 2012 8:11 pm

span wrote:Andy, stop dithering and start cutting! The worst that will happen is your neighbour gets his nose bent out of shape a bit.


Figuratively speaking :shock:
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Re: Neighbours hedges ????

Postby Sudynim » Tue Jun 05, 2012 9:38 pm

andyroo1410 wrote:To the rear of my property there is a path that is a privately owned public right of access, according to the deeds of my house I own the piece of the path directly at the back of my property. The deeds to my property state this must be kept clear for public right of access.

My neighbour to the rear has a privet hedge that is well established and by all accounts lovely however it has turned a 4 foot wide path into a path about 18 inches wide, this has restricted access into the rear of my property. Access is still available however is becoming more and more dangerous. This guy has let the edge encroach so far it's now becoming a problem. In his side, (in hs garden) its been kept back so very little of its actually on his property any more, this is illustrated by adjoining neighbours that replaced hedges with high walls.

I have spoken to this person numerous times and have asked for this to be cut back to enable access. The resulting "cutback". Has been slight and infrequent. Realistically this hedge needs to be cut back about 2 + feet however he is refusing to do this as there ( in his words) would be none if it left.


Ask him again, friendly but specifying the distance which must be cleared for the PROW. If he doesn't do it, ask him again in writing*. If he still doesn't do it, write one* more time saying that your path is becoming impossible to use safely and urgent action is required within 14 days.

If he still hasn't acted after that, do it yourself. With a witness and a camera to record the activity, measure the boundary line and cut right back to it. Offer him the cuttings before sending them to the tip.

If you get any grief from him, cite section 5(2) Criminal Damage Act 1971 - "A person ... would be treated... as having a lawful excuse... if he destroyed... to protect.... a right or interest in property .. and .. he believed... that the.. right or interest was in immediate need of protection... and that the means of protection... were... reasonable having regard to all the circumstances. ..... it is immaterial whether a belief is justified or not if it is honestly held." www.legislation.gov.uk/ukpga/1971/48/section/5

(* Letters should be hand-delivered, keeping a copy upon which you handwrite the date and means of delivery).

I agree with other posters - if you don't act here, you will have no path soon.
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Re: Neighbours hedges ????

Postby arborlad » Tue Jun 05, 2012 11:52 pm

andyroo1410 wrote:I'm pretty sure the deeds say its mine and it has to be kept clear for access, without digging them out again I'm 90% certain that's what it says :)


It would be worthwhile verifying that. Assuming it is so, you are quite entitled to cut back anything that overhangs your land - that's the easy bit.

You don't have to inform your neighbour, but the more informed your neighbour is, the less likelihood of any misunderstanding.

You don't have to obtain their consent, but again, with the neighbour in agreement with you, less chance of a dispute.

We're right in the middle of the nesting season, so you would have to check carefully for active nests.

If it's privet, it'll recover after having 2ft removed from the side but wont look very good, can you compromise and cut a foot now and the remainder in 6-9 months time?
arborlad

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