Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

My neighbours hedge is restricting my access to my back garden, what are my rights?
Find answers to your legal question.





My neighbours hedge is restricting my access to my back garden, what are my rights?

I have a driveway that passes alongside my property that is separated from my garden by a hedge belonging to my neighbour, he has had his hedge cut but not the entrance to the gateway so that it is impossible to use it.
The gateway is a legal right of access to both my own and the next house along's gardens.
What can I do, I need the access on occassion as it is impossible to get long items down the side of my house.


    




Ontheotherhand
Rating
I'll be faulted for this answer. I don't usually bother trying to use local zoning or law enforcement for something like this. You can't help but assume that since the neighbor isn't cutting just that part of the hedge that blocks your access, it's deliberate on their part. So, speaking to them isn't likely to help. I suggest that you simply get and use some type of plant killing chemical. Obviously, do it when you won't be seen, and dispose of the plant killer afterwords. The hedge will die, and you'll have your legal access back. This is probably illegal, but it eliminates arguments and bad feelings. Just be sure to do it unobserved. And NEVER speak of it.


L
Rating
speak to your neighbour. these things are better settled amicably.
if he does not offer to cut it, ask if you can.


Frank B
Rating
Roundup


Christabel
You are well within your rights to cut back anything growing across your side of the property boundary. You might want to just mention to your neighbour that you intend to do it and if he objects and threatens action he'll quickly find he hasn't got a legal leg to stand on.


Monkeypie
anything that overhangs your property you can cut down


Lady_SJ
If its the hedge restricting your access. You can ask your neighbour to cut it. If they won't then you can cut it yourself, but you must give them the trimmed branches back.


ALEX N
cut what is ofer your property , or bang some copper nails around the trunks. shhhhhhhhhhhhhhhhhhhhhhhhhhhhhh


Tracy M
Rating
In order to keep things civil with your neighbour I would talk to him about the hedge hanging over your property and say you would like to trim it back because it is blocking your access. I believe you are entitled to do that anyway, but better to let the neighbour know before you go ahead and do it.


joan k
You have a legal right to cut anything that overhangs your property, but you must throw the branches etc. back. Try the friendly approach first.


chip2001
If any of the hedge is overhanging your side of the boundary, you are entitled to prune it back to the boundary line.
However, you have to offer him the cuttings, I know it's weird but it's true!!
It alldepends where the hedge is - if it's all on his property I don't think you can do much. You could offer to cut it back yourself, if you just feel he's being lazy about it.


pubby
you have the legal right to cut it back


GeeCee
Anything in your property you can cut but by law you must give him back the cuttings.


vantet
Rating
Ask your neighbour first, if they are not willing to cut the hedge back, tell them you will cut it and return the cuttings to them. Take photos before and after cutting the hedge, for proof if your neighbour kicks up about the amount cut back.


numnutts31
Rating
Dont talk to em it will just cause chit.
late at night chuck some poison on it.


lmn78744
You can trim, cut, or otherwise remove anything extending over your property line, right up to the neighbors property line. Simple as that.


saint sean
Talk to your neighbour and both come to a solution together.

Don't just chop it down, you could create a feud.

My neighbour came onto my property whilst I was on holiday and painted part of my fence! I asked why he had done it and he replied "it looked odd I could see it from my garden and it didn't match my fence colour". He didn't consider that it no longer matched my fence colour and that now my garden looked odd!

I don't know how I stopped myself from punching his lights out but I did, and now we don't speak and there is an atmosphere.


GAVIN E
Well once you have discovered that it it is your neighbours fence and not yours, then you ae well within your rights to trim the hedge back, right up to the point of the boundary line.


Any cuttings then can be given back to the neighbour as if it is his hedge , then it is his overall responsibility for the upkeep of the hedge.


Ollie Wally
Rating
i had the exact same problem and i spoke to some friends of ours that are knoweldgable on this, this is what they said.
you have every right to cut that hedge back (to the border of the fence or the garden!) it is not illegal to do so, but what is illegal and what they can prosecute you for is stealing the branches and leaves that you cut off!! which means that you are legally entitled to cut the hedge back and then throw them back into the area where the bush is!!!!!!! bizarre hey. i would suggest that you speak to them first though and if they refuse.....


watergump44
The user of a ROW also has a duty for the upkeep. You are therefore obliged to cut it yourselves.
Tel him you are going to trim the hedge and do it.


CHARITY G
Can you just cut it?


JM
Rating
Just talk to your neighbor and tell them you have to trim it back so you can get through the gate. They shouldn't have any problems with that.


josephrob2003
you could politely mention this to the neighbour,failing this,you could go along to your local council offices to lodge a complaint,or engage a solicitor to write to him of his obligations.


CW
You can, quite legally, trim the hedge back but you must give him the cuttings (they remain his property). His hedge cannot restrict your legal access.


Abhi
you shouldn't go thru your garden instead go thru your main gate....... still if u want to go thru your garden, then its better u remove the hedge completely when your neighbour is not there.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Fireworks you all agreed to banning public use?
well its November the 3rd not yet bonfire night and while I sit here there are fireworks going off all around me out doors.
How can we get the british govenment to ban them for puplic use,
...


 Could I sue someone for this?
This didn't happen but...
could i sue if someone cut my hair without my permission?
Additional Details
i mean sue and win......

why would i want to se and lose.....<...


 Do think it's right or wrong that U.K. law barely allows us to defend ourselves and our families?
a court could rule that you used excessive force and you could be prosecuted,what would you do if faced with a burglar(possibly armed), or mugger,how do american laws compare with ...


 Can I still sue Saddam?
I am deeply offended by Saddam taunting the crowd during his execution. I have seen him cursing and making fun of Iraqi employees over and over again on TV and the internet. I have found myself ...


 Can I make her pay the bill?
When I was 18, I was stupid and let my best friend at the time create a cell phone bill under my name under the agreement that she would pay the bill monthly (I know, not the smartest thing to do), ...


 Can a underage person be in a bar legally?
...


 Is capital punishment barbaric and immoral?
...


 Do you think its ok to STEAL???
ive stolen things before.. like i care.. its free.. what do u ...


 Prison.. Can anyone think of a crime that will get me put in prison for the day?
I want to do a bricklaying course and if I go to prison perversly I can do one for free!
If I'm a law obiding citizen I have to pay!
This is all a bit tounge in cheek.. but I'm ...


 Do you think murderers should be locked away for life? and life means life until the day they die..?
I'm referring to murder not manslaughter.. like in the case of the two 10 year old murderers who kidnapped and killed the innocent 2 year old child James Bulger back in 1993.....


 Steryotyping Marijuana Users?
Many times Ill hear someone calling a stoner "lazy", "stupid", "no brain cells"..but I just dont get it. Ive smoked regularly for the last two years. I take the hardest ...


 WHo else wants the death penalty for the murderers of Baby P.?
I put myslef up for the job of killing these inhuman ...


 HONEST ANSWERS PLEASE I was stupid and took a wallet and used the credit cards.. i need help :(?
On wenesday i was stupid enough to take a wallet from a coworker... I am a single parent raising 2 kids and going to college fulltime. I messed up. I know i did. I was arrested and now i have to ...


 Why dont gay people have to use seperate toilets in public?
male and females have different toilets so why not gays?...


 How can I make it up to my neighbour...?
I got a parking ticket, and I put it on my neighbours car. He's obviously paid it and now I feel bad. What should I do?...


 Do you think it should become legal for people to carry guns?
In Sarah Thomspon essay "Concealed Carry Prevents Violent Crimes" she believe that people shouldn't be able to carry concealed weapons. Do you agree? Why or Why not?...


 Is there a difference between revenge and self-defense in some cases?
My father was a police officer who was murdered in my home when i was 15 by a thief, the murderers name was Charles Anderson. He is doing a life sentence in a prison in California. He will not get ...


 National Service Vs Thugs saying sorry?
Having read the newspapers for the past few days I have read two ideas on how to stamp out knife crime in Britain -

1 - National Service
2 - Letting the thug say sorry to their ...


 Is it illegal for a 16 year old to go out with an 18 year old in the UK?
I've heard some things about it and apparently it's a law that was set two years ago.
Is this true?...


 Should I turn in my father?
My father was in the Luftwaffe during World War II, in a non-combatant (support) position. He has seldom spoken about his experiences and the only picture I've seen of him in uniform is his ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.034