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    • PennyAmari
    • By PennyAmari 10th Oct 17, 11:25 PM
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    PennyAmari
    Neighbour restricting my right of way
    • #1
    • 10th Oct 17, 11:25 PM
    Neighbour restricting my right of way 10th Oct 17 at 11:25 PM
    So, I have a shared drive way with 4 other neighbours, there is a portion of this drive that only serves my house and one other. One of the neighbours who does not need access to this part of the drive has planted a Laura hedge beyond the curtailment of his boundary. According to the land registry ordnance survey drawings, the width of the drive should be 5 metres. The overgrown laurel hedge has narrowed the drive to 2.7 metres. My solicitor has already written to him to remind him of my ROW.
    Is anyone familiar with the legal options I can exercise, such as taking him to court?
    Btw, he’s just a miserable, cantankerous man in his 80’s and is not amenable to a chat!
Page 1
    • PasturesNew
    • By PasturesNew 11th Oct 17, 12:05 AM
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    PasturesNew
    • #2
    • 11th Oct 17, 12:05 AM
    • #2
    • 11th Oct 17, 12:05 AM
    Are you doing anything annoying in the shared driveway area that's made him think this is the only way to prevent it?

    Is 2.7 metres not wide enough?

    While a ROW is your right and he can't block it ... what's the full story here?
    • Davesnave
    • By Davesnave 11th Oct 17, 6:48 AM
    • 23,349 Posts
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    Davesnave
    • #3
    • 11th Oct 17, 6:48 AM
    • #3
    • 11th Oct 17, 6:48 AM
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th Oct 17, 7:56 AM
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    moneyistooshorttomention
    • #4
    • 11th Oct 17, 7:56 AM
    • #4
    • 11th Oct 17, 7:56 AM
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.
    Originally posted by Davesnave
    Exactly what I'd do too.
    #MeToo
    • rosyw
    • By rosyw 11th Oct 17, 8:18 AM
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    rosyw
    • #5
    • 11th Oct 17, 8:18 AM
    • #5
    • 11th Oct 17, 8:18 AM
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.
    Originally posted by Davesnave
    This is what I have done! I have a neighbour very similar to that of OP, 10 minutes with a hedge trimmer followed by a good spray with strong weedkiller to clear the other plants soon solved the problem My deeds state the drive must be kept clear to a width of 4 metres, and that my neighbour is responsible for doing this,but following an incident when the ambulance needed for another neighbour had great difficulty getting to him I took matters into my own hands!
    • AnotherJoe
    • By AnotherJoe 11th Oct 17, 10:16 AM
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    AnotherJoe
    • #6
    • 11th Oct 17, 10:16 AM
    • #6
    • 11th Oct 17, 10:16 AM
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.
    Originally posted by Davesnave
    Just to add, place cuttings on his lawn or similar, as otherwise you could be liable for removing his property.
    • G_M
    • By G_M 11th Oct 17, 10:20 AM
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    G_M
    • #7
    • 11th Oct 17, 10:20 AM
    • #7
    • 11th Oct 17, 10:20 AM
    So he hasn't actually planted it on your access deliberately, he's just (negligently or deliberately) allowed it to get overgrown?

    As others have said: hedgetrimmer next weekend to clear your access route.
    • davidmcn
    • By davidmcn 11th Oct 17, 10:27 AM
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    davidmcn
    • #8
    • 11th Oct 17, 10:27 AM
    • #8
    • 11th Oct 17, 10:27 AM
    Just to add, place cuttings on his lawn or similar, as otherwise you could be liable for removing his property.
    Originally posted by AnotherJoe
    I suspect dumping some unwanted garden waste would merely antagonise the neighbour further!
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th Oct 17, 10:28 AM
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    ScorpiondeRooftrouser
    • #9
    • 11th Oct 17, 10:28 AM
    • #9
    • 11th Oct 17, 10:28 AM
    It sounds like he has planted the hedge on the drive. Both because the OP says " planted a Laura hedge beyond the curtailment of his boundary" and also because 2.3 metres from the roots is a hell of a lot of overgrown hedge.

    What did you say when he planted the hedge? Or was it there when you moved in?
    • G_M
    • By G_M 11th Oct 17, 10:32 AM
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    G_M
    I suspect dumping some unwanted garden waste would merely antagonise the neighbour further!
    Originally posted by davidmcn
    Maybe leave it on the boundary for 24 hours and pop a friendly note through his door asking if he wants it for his compost or would like you to remove it?
    • Davesnave
    • By Davesnave 11th Oct 17, 10:48 AM
    • 23,349 Posts
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    Davesnave
    Maybe leave it on the boundary for 24 hours and pop a friendly note through his door asking if he wants it for his compost or would like you to remove it?
    Originally posted by G_M
    Laurel contains arsenic; I really wouldn't compost.

    Not so sure about Laura!
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • G_M
    • By G_M 11th Oct 17, 10:52 AM
    • 41,493 Posts
    • 47,894 Thanks
    G_M
    So it it the location of the hedge itself, or the fact tht it is 'overgrown' that is the problem?

    Laura also contains arsenic. Tht's how I inherited my current property.....
    • jack_pott
    • By jack_pott 11th Oct 17, 11:04 AM
    • 4,189 Posts
    • 5,345 Thanks
    jack_pott
    Tell me about it. I live in a semi with a shared drive, and the neighbour treats it as his own private fiefdom. He's turned it into a builder's yard, with paving slabs, railway sleepers, wheelbarrows, cement mixer, and at times, up to six cars. He regularly parks the family car with the back sticking out of the drive blocking the pavement.
    I'm not upset that you lied to me, I'm upset that from now on I can't believe you.
    Friedrich Nietzsche
    • bertiewhite
    • By bertiewhite 11th Oct 17, 12:24 PM
    • 671 Posts
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    bertiewhite
    I suspect dumping some unwanted garden waste would merely antagonise the neighbour further!
    Originally posted by davidmcn
    I think you're supposed to "offer it back" rather than dumping it, aren't you?
    • bouicca21
    • By bouicca21 11th Oct 17, 4:35 PM
    • 3,152 Posts
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    bouicca21
    Pedant alert! Surely laurel is cyanide not arsenic?
    • Davesnave
    • By Davesnave 11th Oct 17, 6:41 PM
    • 23,349 Posts
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    Davesnave
    Pedant alert! Surely laurel is cyanide not arsenic?
    Originally posted by bouicca21
    Absolutely right. Apologies, although for most it's academic.

    However, not good to confuse laurel (prunus lauroceracus) with bay (laurus nobilis) when making spaghetti bolognese!
    Last edited by Davesnave; 11-10-2017 at 7:13 PM.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
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