Access rights and neighbours responsibilities

bballgirl3

I would truly love to be able to sit down with the lady and sort this amicably but unfortunately I don't believe she's stable enough to do that.

It all erupted last week when I asked her to stop storing her bin by my back gate (blocking my access and it was on my land). She got very angry, swearing and threatening to damage my property. When I began to cut back the shrubbery growing over on my land (not the lane), she assaulted me. I have had to get the police involved now, who have spoken to her, given her a warning and advised that she needs to cut back the lane so emergency vehicles can pass through.

This still hasn't happened, which means we will be doing it in the next week or so, I'm just worried in case she attacks me again.

I don't want to follow any legal routes at this time, so I am going to have to try and communicate with her through formal letters at this stage.

I have had new fence posts and panels delivered and will get these put up once the weather improves.

Thanks again for your contributions, wish me luck with the lane!

bballgirl3

theonlywayisup said:

Norman_Castle said:

bris said:

The general rull of thumb is anything encroaching your land or shared land can be cut back and the cuttings offered to the neighbour.

Not sure that applies to a private ROW although its the approach I'd take. What do the deeds say?

With regards to your fence and the overgrowth Its likely easier to cut it back, leave the cutting on her land as she's not bothered about it and fit a sectional fence to enable easy removal and regular cutting.

If it is a ROW I would hack anything back that was on my land.  

Our public footpath is left to its own devices - or to the council that come out every 3-4 years and hack it back.  Why should I bother?

The law is unbalanced.  The art is to balance it in your favour. 

The lane is a private drive and each bungalow owns it's own quarter and has to maintain that land.

As I am the last bungalow, I have access rights to drive through the lane to my property. My neighbour doesn't maintain her quarter and the has allowed her garden to grow to the point that the shrubbery is now hitting my car as I drive through. 

As it's not my land, or encroaching on my land, I'm just not sure if I can legally cut it back even though it is severely hindering access.

Thanks

Belenus

bballgirl3 said:

As it's not my land, or encroaching on my land, I'm just not sure if I can legally cut it back even though it is severely hindering access.

Thanks

What might happen if you just go ahead and cut it back?

Does she ever leave the house allowing you enough time to get the work done?

Can you do it quickly enough so that she does not have time to react?

If you are concerned that she may attack you again, can you have others present to discourage or prevent that?

If she does take legal action that is unlikely to amount to anything much as she is unlikely to be awarded damages as no damage has been done.

bballgirl3

Belenus said:

bballgirl3 said:

As it's not my land, or encroaching on my land, I'm just not sure if I can legally cut it back even though it is severely hindering access.

Thanks

What might happen if you just go ahead and cut it back?

Does she ever leave the house allowing you enough time to get the work done?

Can you do it quickly enough so that she does not have time to react?

If you are concerned that she may attack you again, can you have others present to discourage or prevent that?

If she does take legal action that is unlikely to amount to anything much as she is unlikely to be awarded damages as no damage has been done.

Unfortunately she doesn't often leave her house, just to quickly walk her dog. I have offered to cut it back when she's not there, to reduce the distress it may cause, so I will see what her response will be.

I will certainly have someone with me next time I need to cut anything back.

Thanks for your response