Hedge obstructing handrail on private drive

Hedge obstructing handrail on private drive

Postby TheManOnThe172Bus » Fri Aug 03, 2012 4:22 pm

A relative has a hedge, just inside their side of the boundary with a steep private drive.

If left to grow unhindered, the hedge grows over a handrail on the neighbour's steep drive. Would that count as Obstruction and if so, would that oblige the hedge owner to cut back the drive-owner's side of the hedge? Or can they just say to the neighbour: "cut it as you wish as long as you don't kill the hedge".

John
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Re: Hedge obstructing handrail on private drive

Postby despair » Fri Aug 03, 2012 5:45 pm

This rather depends on the relaionship with the neighbour

Legally your relative can tell them to cut back to the boundary and no furthur and that they do not want the arisings so the neighbours is free to take them to the tip

Personally i believe the hedge owner has a duty of care not to grow things that trespass onto the neighbour and thus seek permision to cut it back themselves
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Re: Hedge obstructing handrail on private drive

Postby hzatph » Fri Aug 03, 2012 7:57 pm

TheManOnThe172Bus wrote:"cut it as you wish as long as you don't kill the hedge"John

That's the way to go but don't cut back beyond the boundary line.
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