Shrub obstructing Right of Way

Shrub obstructing Right of Way

Postby vida » Fri Sep 30, 2016 3:58 pm

We have full access over a road to our new house. The road is owned by the neighbour. Just outside our front wall is a small area of land owned by the neighbour with the boundary of this land marked by a set of stones about 2 metres in diameter. Within this small area is a VERY large Viburnham which overhangs our Right of Way by nearly 2 metres. This means we have to drive round it to leave our driveway, often scrapping the car sides as the road width left is now quite narrow. A request to trim the shrub was met with a quite nasty reply and " we like it like that" and finally a token trimming of about 1 foot of the shrub. Do I have any rights to trim the shrub back to a line vertical to the stones - i.e. back to the boundary of our Right of Access?
vida
 
Posts: 3
Joined: Thu Sep 29, 2016 1:40 pm

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: Shrub obstructing Right of Way

Postby mr sheen » Fri Sep 30, 2016 4:34 pm

You have the ancillary rights to maintain the right of way such that you can pass and repass without any damage to your vehicle if you have vehicular right of way.

Therefore you can cut back anything that encroaches into your right of way as part of your maintenance of your right of way. If you are going to cut it back it may be worth mentioning it to the neighbour, although you do not have to. Since you have asked him to cut it back and he has only minimally done so, I would cut it right back to open the right of way up to the width it should be in order to set the precedent that if he doesn't cut back his vegetation, I will!

I usually seek to avoid writing, but with rights of way it is often better to get things absolutely clear to avoid hassle in future. Making it clear you will remove anything in a right of way can help avoid issues if anything is put onto the right of way or grows into it.
I would let him know my position in writing to try to avoid any aggro from taking action against the bush and to make it clear that I will not tolerate AnY obstruction of the right of way.....along lines....

Dear xyz
Due to the overgrown vegetation encroaching into our right of way, I have taken advice regarding the matter and in order to maintain good neighbour relations I am clarifying our position so that there are no misunderstandings.

My property benefits from a right to pass and repass at all times over and along the access drive. This right to pass and repass comes with ancillary rights to maintain the right of way suitable for purpose. We will not tolerate any interference with our right of way.

You have allowed vegetation to encroach onto our right of way. The encroachment of vegetation into the right of way impedes the passing and repassing of vehicles, which is our right, and vehicles are suffering damage as a result of the encroaching vegetation. We have asked you to remove the encroachment but this has not been carried out. We therefore give you notice that any encroachment/obstruction on our right of way will be removed to open up the full extent of our right of way, as is our right, without further notice. Any arisings will be disposed of unless you indicate within 5 days that you wish to have the arisings returned to you.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Shrub obstructing Right of Way

Postby vida » Fri Sep 30, 2016 8:07 pm

Many thanks. Just what I needed to know!
vida
 
Posts: 3
Joined: Thu Sep 29, 2016 1:40 pm


Return to Hedges

Who is online

Users browsing this forum: No registered users and 1 guest