Overgrown hedges (allegedly..)

tsolrm

The front of our house had a hedge which is next to a footpath. The footpath (and actually part of the road) is quite clearly marked as part of our land on the plans.

We had a very friendly council officer come round and he mentioned that hedge. Whilst we have to maintain the footpath and not build any fences that block it from the open area (this is in the deeds) - does Highways Act 1980 really apply here? I don't really care that the hedge sticks out a little into the footpath..

nicmyles

Legalities aside, if someone (anyone) came round and said "excuse me, your hedge is making it difficult for people to walk down the path?", why would you not just take five minutes and cut it back a bit? 

edit to add: sorry, I'm obviously assuming the public are allowed to walk down the path. If it's a private part of your land with no right of access for others, then do what you like.

user1977

The fact you "own" the road doesn't necessarily mean much - the fact it's a public highway (assuming it is) overrides pretty much all of your rights. So yes, you probably ought to cut it back.

Doozergirl

People often own part of the highway but it does need to be maintained so that people, including the disabled can actually use it properly and pass each other.  

I doubt they'd be asking if you weren't starting to cause an obstruction. 

It's not that much of an effort to keep it maintained and whilst you 'don't care', it's
probably not giving you huge amounts of pleasure to have it overgrowing, so it would be nice to let people enjoy the pavement, wouldn't it? 

 

tsolrm

Doozergirl said:

People often own part of the highway but it does need to be maintained so that people, including the disabled can actually use it properly and pass each other.  

I doubt they'd be asking if you weren't starting to cause an obstruction. 

It's not that much of an effort to keep it maintained and whilst you 'don't care', it's
probably not giving you huge amounts of pleasure to have it overgrowing, so it would be nice to let people enjoy the pavement, wouldn't it? 

 

There is plenty of space for anyone in a scooter to get by. Honestly the hedge is barely peaking out

Indigo_and_Violet

"As the owner or occupier of land with a public right of way across it, you must:...

• make sure vegetation does not encroach onto the route from the sides or above, bearing in mind the different clearances needed for users of different types of route, for example by horse riders"

https://www.gov.uk/guidance/public-rights-of-way-landowner-responsibilities#keep-public-rights-of-way-clear-of-obstructions

You might see it as only encroaching a little bit but it's enough for the council officer to notice and much easier tackled little and often so I'd be getting my trimmers out. It is your responsibility to keep the footpath clear of vegetation. 

SpiderLegs

tsolrm said:

Doozergirl said:

People often own part of the highway but it does need to be maintained so that people, including the disabled can actually use it properly and pass each other.  

I doubt they'd be asking if you weren't starting to cause an obstruction. 

It's not that much of an effort to keep it maintained and whilst you 'don't care', it's
probably not giving you huge amounts of pleasure to have it overgrowing, so it would be nice to let people enjoy the pavement, wouldn't it? 

 

There is plenty of space for anyone in a scooter to get by. Honestly the hedge is barely peaking out

Due you owe a duty of care to anyone who uses the footpath?

has the council, by warning you, as such limited their own liability to anyone using the footpath?

what are the chances that someone injures themselves due to your overgrown hedge? It sounds ridiculous but who knows…

I guess you have to assess whether the council are just backside covering, or if you are exposing yourself to some additional risk by not cutting the hedge.

user1977

SpiderLegs said:

tsolrm said:

Doozergirl said:

People often own part of the highway but it does need to be maintained so that people, including the disabled can actually use it properly and pass each other.  

I doubt they'd be asking if you weren't starting to cause an obstruction. 

It's not that much of an effort to keep it maintained and whilst you 'don't care', it's
probably not giving you huge amounts of pleasure to have it overgrowing, so it would be nice to let people enjoy the pavement, wouldn't it? 

 

There is plenty of space for anyone in a scooter to get by. Honestly the hedge is barely peaking out

Due you owe a duty of care to anyone who uses the footpath?

has the council, by warning you, as such limited their own liability to anyone using the footpath?

what are the chances that someone injures themselves due to your overgrown hedge? It sounds ridiculous but who knows…

I guess you have to assess whether the council are just backside covering, or if you are exposing yourself to some additional risk by not cutting the hedge.

I expect the problem is more than the useful width of the pavement is restricted rather than a risk of injury. Ultimately the council would be entitled to cut it back but easier if the OP does it.

Mojisola

user1977 said:

I expect the problem is more than the useful width of the pavement is restricted rather than a risk of injury. Ultimately the council would be entitled to cut it back but easier if the OP does it.

And cheaper!

tom9980

https://www.gardeningdata.co.uk/shrubs/hedges_and_roads/hedge_trim_highway.php

The diagram at the bottom is useful.

Jumblebumble

tsolrm said:

The front of our house had a hedge which is next to a footpath. The footpath (and actually part of the road) is quite clearly marked as part of our land on the plans.

We had a very friendly council officer come round and he mentioned that hedge. Whilst we have to maintain the footpath and not build any fences that block it from the open area (this is in the deeds) - does Highways Act 1980 really apply here? I don't really care that the hedge sticks out a little into the footpath..

No you don't need to cut it
However if you don't the council may do it themselves and then send you the bill