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Neighbour restricting my right of way

PennyAmari
PennyAmari Posts: 1 Newbie
in House buying, renting & selling
So, I have a shared drive way with 4 other neighbours, there is a portion of this drive that only serves my house and one other. One of the neighbours who does not need access to this part of the drive has planted a Laura hedge beyond the curtailment of his boundary. According to the land registry ordnance survey drawings, the width of the drive should be 5 metres. The overgrown laurel hedge has narrowed the drive to 2.7 metres. My solicitor has already written to him to remind him of my ROW.
Is anyone familiar with the legal options I can exercise, such as taking him to court?
Btw, he’s just a miserable, cantankerous man in his 80’s and is not amenable to a chat!
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Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you doing anything annoying in the shared driveway area that's made him think this is the only way to prevent it?

    Is 2.7 metres not wide enough?

    While a ROW is your right and he can't block it ... what's the full story here?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    Davesnave wrote: »
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.

    Exactly what I'd do too.
  • rosyw
    rosyw Posts: 519 Forumite
    PPI Party Pooper
    Davesnave wrote: »
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.

    This is what I have done! I have a neighbour very similar to that of OP, 10 minutes with a hedge trimmer followed by a good spray with strong weedkiller to clear the other plants soon solved the problem :rotfl: My deeds state the drive must be kept clear to a width of 4 metres, and that my neighbour is responsible for doing this,but following an incident when the ambulance needed for another neighbour had great difficulty getting to him I took matters into my own hands!
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Davesnave wrote: »
    Long answer short: two minutes with a chain saw. You are allowed to cut hedges, trees etc back to the boundary and you have warned him. Much cheaper than court.

    Just to add, place cuttings on his lawn or similar, as otherwise you could be liable for removing his property.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So he hasn't actually planted it on your access deliberately, he's just (negligently or deliberately) allowed it to get overgrown?

    As others have said: hedgetrimmer next weekend to clear your access route.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AnotherJoe wrote: »
    Just to add, place cuttings on his lawn or similar, as otherwise you could be liable for removing his property.
    I suspect dumping some unwanted garden waste would merely antagonise the neighbour further!
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    It sounds like he has planted the hedge on the drive. Both because the OP says " planted a Laura hedge beyond the curtailment of his boundary" and also because 2.3 metres from the roots is a hell of a lot of overgrown hedge.

    What did you say when he planted the hedge? Or was it there when you moved in?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    davidmcn wrote: »
    I suspect dumping some unwanted garden waste would merely antagonise the neighbour further!
    Maybe leave it on the boundary for 24 hours and pop a friendly note through his door asking if he wants it for his compost or would like you to remove it?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    G_M wrote: »
    Maybe leave it on the boundary for 24 hours and pop a friendly note through his door asking if he wants it for his compost or would like you to remove it?
    Laurel contains arsenic; I really wouldn't compost.

    Not so sure about Laura!
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