Hedge Preventing My Right of Way

Re: Hedge Preventing My Right of Way

Postby homefromhome » Tue Nov 07, 2017 2:30 pm

Hi MacadamB53

Not sure if I'm missing something? If the Road behind us is showing as one piece of land as "new road" then surely it's all classed as one? If they had shown a grass verge down either side then I would see what your saying but it's showing as one piece of land?

Have I missed something?
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Re: Hedge Preventing My Right of Way

Postby stufe35 » Tue Nov 07, 2017 2:32 pm

(replying to Macs question) Possible evidence:

1. The OPs deeds require him to contribute to the maintenance of 'new road' over the length which it abuts his land.

2. That length would appear to 169 ft as no other dimension is mentioned.

3. The plan appears to show that the boundary to the rear of all the properties on 'new road' is also the boundary of new road. There is no strip shown or mentioned between.

4. The purpose of the right of way is to access the rear of the property, but there is no statement to restrict it to any specific length or width, nor indication on the plan of an existing gate.

This all appears I believe to align with the findings of Emmet v Sissons and is in contrast to stressederics thread which is of course very similar but has a clearly defined separate verge and clearly defined width of the access point.
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Re: Hedge Preventing My Right of Way

Postby MacadamB53 » Tue Nov 07, 2017 3:08 pm

homefromhome wrote:Hi MacadamB53

Not sure if I'm missing something? If the Road behind us is showing as one piece of land as "new road" then surely it's all classed as one? If they had shown a grass verge down either side then I would see what your saying but it's showing as one piece of land?

Have I missed something?
you’ve not missed anything except that I might not have seen the wording of the deed or accompanying plan... :)

having now had a chance to view the wording it seems certain that your property shares a boundary with the edge of the “new road”.

this means that either the hedge was planted on your land or on land over which you (and probably some, if not all, of your neighbours) own a right of way - and so, whichever is the case, you can lawfully remove the hedge.

best discuss this sensibly with the folk who might think you can’t...

kind regards, Mac
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Re: Hedge Preventing My Right of Way

Postby stufe35 » Tue Nov 07, 2017 3:16 pm

Mac, Thank goodness for that , I thought you had moved over to the dark side...or perhaps I was missing something ! Indeed we both may have missed something yet as others may provide different views, give it time. cheers stu :lol:

To the OP.

Considering the hedge, my argument would be as follows:

1. If it was in place at the time the deed was created then the granting of the easement implied the need (and permission ) for its removal.

2. If it has grown or been planted since, it is an interference to your granted right of way and you would be lawfully entitled to remove it ....this would be best done once your neighbour has been appraised of and understands and accepts the situation though- they may produce evidence to the contrary which would need to be considered.

If I were you I would make sure the original fence line is clearly demarcated to prevent a claim that the hedge represents the boundary. Have you got old record photos ?
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