Hedge Responsibiltiy

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Joined: Thu May 05, 2011 3:49 pm

Hedge Responsibiltiy

Post by johno21 » Fri Jun 10, 2011 9:13 am

I am a Leaseholder in a council owned block of 3 storey high dwellings. The boundary garden has large hedges acting as a fence, they are high and the hedge stretches the width and breadth of all the gardens, my garden is ground floor nearest to the pathway into the block . A lot of the properties in my block and subsequent blocks are still council properties and all of the hedges are very overgrown and causing obstructions to the highway and access is now becoming restricted into the block via the communal pathway.

My dilema is that, as a leaseholder I am unsure if I am responsible for the outside part of the hedge or whether this would be the freeholders (council) responsibility. These hedges are never cut or maintained and no one seems to take responsibility, whether that be tenant, leaseholder or council.
I have always assumed responsibility for the inside of my garden and this is maintained regularly by me, but thought the outside of the hedge was the responsibility of the council, as the freeholder and landlord for all of the council properties within this and similar blocks down the road.

Assuming i do have responsibilty for the outisde part of the hedge protruding onto the highway, i know the council can serve notice under 154 highways act 1980 to make me cut back and remove any obstruction to the highway, however does the same apply for the communal access into the block? bearing in mind that this does not form part of the highway, there is approx 12ft in length of hedge inside the boundary stretching from the highway to the communal door. If someone was potentially to injur themselves on the protusion, who would be liable? I did not plant the hedges, they were planted at the time of the build some 50years+ ago. In addition I am not sure that I would be able to remove them either ......... does anyone know if these type of hedge/boundaries are inlcuded in the leaseholders responsibilities or not?

Help and advice appreciated.

Thanks :o

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Joined: Sat Jul 12, 2008 6:26 pm

Re: Hedge Responsibiltiy

Post by juliet » Sat Jun 11, 2011 11:29 am

I would imagine that you will be paying an element for grounds maintenance within your service charges to the council as free holders so give them a ring and ask if they do. If they don't then you ask them to.

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