Legal or general boundary when keeping access clear?

bluebell74

First post so bear with me ...

I have tried several times to chat with our neighbour over hedges which are hindering access from a council owned road (where his property is) and our private lane which you enter to the side of his property.

I thought I would try and find out whether there is anything we can do to prove whether it is the general boundary shown on the deeds or the legal boundary which is used as guidance as from which point the road must be clear.

He says that the actual legal boundary meanders in and out and probably goes into the lane.
It may well do this, but in order to have access to the lane he would never be able to grow out the hedges to wherever that legal boundary would lie.

It's causing issues with large cars, it's difficult to leave safely particularly as children pass by. Emergency vehicles would struggle.

I believe we'd be within our rights to cut it back ourselves, but i want to be backed up by something (Highways Act or similar)

Thanks for any advice

moneyistooshorttomention

Is there anything in original Deeds/modern-day Title Plans that states what width the Right of Way has to be?

Second thought - checking whether this road counts as "public highway" and then there's probably things written down in law as to what counts as "obstructing public highway"?

Davesnave

I would just cut it, because it's highly unlikely anything will happen if you do.

Presumably you have a RoW for vehicles as part of your title?

Norman_Castle

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

He says that the actual legal boundary meanders in and out and probably goes into the lane.

Does it meander in and out conveniently matching his hedge? If he cannot provide proof of where the boundary is he will struggle to dispute where the hedges are cut back to. If this lane has always had vehicular access it must have always been a minimum width which these hedges have grown into.

TBagpuss

Is your neighbour saying they don't want the heges cut back, or simply that they don't want to cut them back?

If it is the latter, then simply tell them that you plan to cut them back, and do so.

If it is the former, ask them why, and see what the response is. If the reality is that he doesn't want anyone using the lane and is hoping that not cutting back the hedge will discourage pople then you have more of a problem.

i suspect that if you have a right of way allowing you to pass then the lane needs to be wide enough for you to do so - it's likely to be reasonable to cut back branches which stick out over the edge of the lane (i.e. the tarmac or paving) but not necessarily those which overhang (say) a grass verge but limit visibility.

bluebell74

thanks for the responses - typed a long reply which has disappeared!

He says there's a legal boundary probably in the middle of the lane which we should be glad he allows us to cross over! I'm trying to keep things cordial despite my frustration but he's very keen to threaten solicitors to neighbours who say they will cut them themselves if nothing is done.

That's why I'd like to have something that clearly states that in the case the general boundary should be used, but that actually I'd just be happy if he cut it back in line with where the tarmac starts

Davesnave

You haven't answered my question, which was whether you have a RoW for vehicles?. This will be in your title documents.

Assuming you (and maybe others) have this, then it is reasonable to cut back the vegetation sufficient to allow access for the emergency services and delivery vehicles etc.

He might own the lane or bits of it, but he's not allowed to hinder access which is another person's legal right. It's nothing to do with the boundary, and rights of way are very, very hard to extinguish.

If you have no right in your title to use the lane, you may have acquired one by use over time:

https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription

teddysmum

If there is danger to children, the council may intervene.


Some years ago, a house near my son's school had a hedge which grew over the pavement, leaving only enough room for children to walk in single file and forcing mum's with pushchairs to walk on the road. Parents objected , via the school, and the hedge was cut back to the house's boundary, giving room to walk three abreast on the pavement.

Norman_Castle

bluebell74 wrote: »

He says there's a legal boundary probably in the middle of the lane which we should be glad he allows us to cross over!

What do your deeds say about this lane?

How many properties are accessed by this lane?

G_M

You keep saying 'He says......' etc but that is meaningless.

1) where is your ROW documented?
2) what exactly (word for word) does your ROW say?
3) Is his property registered? If so, have you purchasd his Title and Plan? What does it say and show?
4) if not registered, have you askd him to show you his deeds? What do they say and show?
5) Who owns the private road?
6) Is it registered? If so, have you purchasd the Title and Plan? What does it say and show?
7) if not, have you approached the road owner? What did he say? What do his Deeds show?

bluebell74

Davesnave - yes we have a RoW

It's an unadopted highway that serves 12 houses. I don't think it's anything to do with him really other than this issue that we potentially drive over an invisible boundary to the side of his house. However his deeds do say that in 1924 a provision was added: 'it is hereby agreed that the expense of keeping one moiety]of the said side road or passage in good or sufficient repair shall be borne in equal shares by the vendor and purchaser and their respective heirs and assigns'. Perhaps this was before the houses were built.


I agree it's reasonable to cut it back, just don't want to aggravate him by going ahead without warning. If i had something to back me up I'd feel happier about saying that if he doesn't do it then I'm prepared to and that I'm permitted to do so.

I'd love to find something that says the general boundary is used in these cases.

All i can see is that it is a highway and so 'an area of land which the public at large have the absolute right to use to ‘Pass and Repass without let or hindrance’.

Have offered to do it myself months ago which he didn't want