Advice Needed- Neighbours overgrowing shrubs and broken fence blocking pathway to the rear garden

sham23

I have recently purchased a terraced house for which I have a passage which is shadded in yellow on deeds(in pic). This passage has been completely blocked off by overgrown shrubs and broken fence of my neighbour. I had a casual conversation with my neighbour about getting the path opened. My neighbour says she has left it covered up and overgrown for her security. This clearly blocks me accessing my garden from the rear. My neighbour is unable to spend anything this year to put up her fence. Can I go ahead and clear up my path ignoring the fact it opens up her garden due to broken fence. Would I be breaking any laws??? 

grumbler

Not sure about the fence if it blocks the path, but the shrubs you surely can cut.

The stupid law says that you have to offer the cut branches to the neighbour before disposing them.

Archergirl

Surely she is the one breaking the law by denying you access to your garden. Maybe start by just clearing the way so you can get in as needed?

theoretica

Depending on the shrubs, laying them into a secure hedge would seem an excellent solution.

FreeBear

Who owns the passageway ?

Quite likely it is owned by the adjoining property and you only have a right of way over the land - This doesn't give you the carte blanche right to go hacking back overgrown shrubs. However, the land owner is obligated to keep the passageway clear to allow unimpeded access. Your deeds will point you in the right direction on that.

Offering to cut back the undergrowth for free would be the best way to tackle the problem. Perhaps installing a gate for the neighbour would help to address any security concerns.

grumbler

FreeBear said:

Who owns the passageway ?

Quite likely it is owned by the adjoining property and you only have a right of way over the land

Unlikely IMO as there are fences on both sides, but I don't understand why it's shaded in yellow, not red. If its a shared property, then it's not clear what other property the hatched part can be shared with.

Ectophile

grumbler said:

FreeBear said:

Who owns the passageway ?

Quite likely it is owned by the adjoining property and you only have a right of way over the land

Unlikely IMO as there are fences on both sides, but I don't understand why it's shaded in yellow, not red. If its a shared property, then it's not clear what other property the hatched part can be shared with.

I would say it's most likely in yellow because it is owned by one or more neighbours.  There's nothing unusual about arrangements like that, and it's common to have fences on both sides of the path.

twopenny

How about a compromise?

I had a problem where a panel not shown on the deeds but when it collapsed created a security risk to my property only. My new neighbour showed no sign on initial chat of wanting to do anything. I found out it was a shared boundary if not marked by reading the builders part of my papers.

I asked a handyman to fix it up which he did with screws and nails until I could work out what to do. Cost very little. You could offer this to your neighbour. And to prevent any future arguments offer to find one and pay.

Probably means it will never be fixed properly but she gets her security and you get your path.

Of course you will need to cut back the shrubs on your side to get  the fence fixed

the_lunatic_is_in_my_head

https://www.luptonfawcett.com/about-us/blog/rights-of-way-rights-and-obligations-repair/

If the right of way is created by a conveyance or other form of deed (often referred to as an express grant) which is silent about maintenance then the position is that once the way exists on the ground, the owner of the land over which the way passes (the landowner) is under no obligation to repair or maintain it.

The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost. The user has the right to enter the landowner’s land to carry out the repairs and maintenance but only to do necessary work and in a reasonable manner. In some circumstances this may include improvements to the route to make it suitable for the intended purpose of the grant of right of way.

So I'd say clear it, if the neighbour's garden is left unsecure that is their problem really. 

I'd take plenty of pictures of before and after as you go along clearing just to show you haven't damaged anything you shouldn't have and also offer the neighbour their fence back (i.e return it to them, not fix it) if it's blocking the path.