Maintaining an Easement

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Patticake5180
Posts: 2
Joined: Tue Feb 12, 2019 7:48 pm

Maintaining an Easement

Post by Patticake5180 » Sun Mar 03, 2019 10:11 pm

Hi all,
I would like some advice please regarding my rights to maintain a right of way. I have a new neighbour who owns the property in front of mine, they own the driveway along the side of their property which allows access to my property, there is an easement to allow for vehicular and foot access.

The neighbour to my side has a big holly bush which comes over the boundary between my side neighbour and my front neighbour, this holly bush then hangs directly in front of my front gates and has a tendency to overgrow. My question is; do i have a right to enter onto the easement (front neighbours land) to prune the holly bush back which can become an obstruction to vehicles if left untended, thus maintaining my right of access to my property?

Points:
Land with easement belongs to front neighbour
Holly bush belongs to side neighbour

MacadamB53
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Re: Maintaining an Easement

Post by MacadamB53 » Mon Mar 04, 2019 12:00 am

Hi Patticake5180,

short and sweet, the answer is “yes”.

this is because the right of way comes with an ancillary right to maintain, which included cutting back overhanging vegetation.

kind regards, Mac

SwitchRich
Posts: 200
Joined: Wed Feb 24, 2016 10:34 am

Re: Maintaining an Easement

Post by SwitchRich » Thu Mar 07, 2019 1:37 pm

MacadamB53 wrote:
Mon Mar 04, 2019 12:00 am
Hi Patticake5180,

short and sweet, the answer is “yes”.

this is because the right of way comes with an ancillary right to maintain, which included cutting back overhanging vegetation.

kind regards, Mac
+1

And if you were being overly correct in your actions you would offer back the cuttings of the holly bush to the owner whose garden it is growing out of.

Patticake5180
Posts: 2
Joined: Tue Feb 12, 2019 7:48 pm

Re: Maintaining an Easement

Post by Patticake5180 » Thu Mar 07, 2019 10:16 pm

Thanks guys

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