Hedge cutting cost without my agreement

triharder

Ok,I have never ever posted before so am hoping someone will help.Our property I see reached over a private road over which we all have rights of access .The hedge bordering this road which is about 200m long was recently cut.The cutting was contracted by a neighbour without anyone else’s consent and without obtaining any prior quotations.The contractor is now invoicing myself and 5 others over 400 pounds each for the work.We have not at anytime engaged his services.My neighbor who did contract him to do the work says we have to pay.The hedge is not mentioned in my deeds and I said not on my boundary,it does border the right of access.
Can anyone advise me please.I should add we have lived here over 13 years and last year contributed 100 pounds to have it trimmed but this was done more to keep the peace!
Thanks in advance 

FreeBear

If ihis happened to me, I would point blank refuse to pay anything. The contract was between the neighbour and the workman.

triharder

Thank you,this is what I have so far done....am just trying to find out what my legal standing is especially as the neighbor who has rode roughshod over me is a barrister!

FreeBear

Your legal standing is the same, regardless of your neighbour's occupation. Not your hedge, you were not party to the contract, you have no liability.

Caveat - Read your deeds and any covenants to see exactly what they say about maintenance of the private road and any hedges. Unless there is specific mention of hedge cutting, then I don't see you have any liability.

triharder

Thank you so much...I hate conflict..

Hasbeen

triharder said:

Ok,I have never ever posted before so am hoping someone will help.Our property I see reached over a private road over which we all have rights of access .The hedge bordering this road which is about 200m long was recently cut.The cutting was contracted by a neighbour without anyone else’s consent and without obtaining any prior quotations.The contractor is now invoicing myself and 5 others over 400 pounds each for the work.We have not at anytime engaged his services.My neighbor who did contract him to do the work says we have to pay.The hedge is not mentioned in my deeds and I said not on my boundary,it does border the right of access.
Can anyone advise me please.I should add we have lived here over 13 years and last year contributed 100 pounds to have it trimmed but this was done more to keep the peace!
Thanks in advance 

Who own's the road? And what are users responsibilities regarding repairs and maintenance?

Undervalued

FreeBear said:

Your legal standing is the same, regardless of your neighbour's occupation. Not your hedge, you were not party to the contract, you have no liability.

Caveat - Read your deeds and any covenants to see exactly what they say about maintenance of the private road and any hedges. Unless there is specific mention of hedge cutting, then I don't see you have any liability.

This surely is the relevant bit!

Presumably if it is a private road those who have use of it must share the cost of keeping it usable? I assume if the hedge was never cut eventually you wouldn't be able to get down the road? Unless it is one person's road and the other simply have a right of way? Although even then there may be a requirement to contribute to maintenance costs.

That is not to say that this particular work was necessary or, even if it was, it was carried out properly and at a fair and reasonable price. That is a separate matter. However you do need to fully understand who is responsible for what, who agrees the cost and whether it is shared equally or according to some other formula.

As an aside, a friend's elderly mother bought and moved into a newly built fairly upmarket flat (not sheltered accommodation, just a nice flat that anybody who could afford it could buy).  A "resident's association" was set up to look after the communal gardens, staircases etc. The pantomimes that ensued would have made a good TV sit-com! In desperation after a couple of years helping look after his mother's interest, my friend commented "You would have sworn it was the first block of flats ever built in the UK"!! 

triharder

Our deeds do not show any maintenance  of the private road or hedge-it decrees we have a right of way along the drive.It is no one persons road. It is more the issue of the work being done with no ones agreement and no costing brought forward first.

Scotbot

Give the Citizens advice Bureau a call, they are good on basic legal advice and they are free

MoneySeeker1

There would be some sort of legal wording to the effect of the Right of Way being "subject to paying appropriate proportion of costs towards maintenance of road". That isn't the exact wording that would be there. But it would be legal type wording that would say very much the same thing. You would need to consult a solicitor to be absolutely sure, but if the wording is along the lines of "You have the ROW full stop" and doesn't say, in writing, you have a specific requirement to pay towards the maintenance in order to be allowed to use that ROW = then you don't (ie not even for the road and never mind for any road verges etc).

triharder

Have checked my deeds and the wording states I along with others have rights of access,and that I must  contribute towards the maintenance and upkeep of reasonable costs of the surface!
No where does it mention hedges or verges