The hedge from hell!

[efpom]

There is a hedge. It is a hawthorn hedge. It is about 15 feet tall. It encroaches onto more or less, the whole pedestrian pathway leading to the potential claimant’s home, and other householders – four in total The postlady and other deliverers, are threatening not to deliver, unless the hedge is cut back, and kept cut back.

Ownership and responsibility for maintenance and repair the pathway is the responsibility of those four householders.

According to the Land Registry, the hedge is on the land of another householder, whose frontage is NOT on the pathway and so that householder has no responsibility for maintenance of the pathway.

That householder has disclaimed any responsibility for cutting back the hedge, saying that it is NOT on his land.

What options do the four householders have?

[wales01man]

Easy way is those affected get together and cut the hedge the only other way may be legal with all the costs and hassle involved

[des8]

Chainsaws....cut back to edge of path.... give cuttings to owner of hedge, or if he doesn't want them dispose of them in a responsible manner

[efpom]

[efpom]

I uploaded a picture of the hedge. The suggestions are useful, but places a burden on the householders, who are not ablebodied. So, to act on the suggestions to cut to the edge of the path, would mean that they would have to get together to hire and pay a contractor to do the work, at least twice a year. One quote at Ł2,00 was obtained. But, should they have to shoulder that burden? What is their legal remedy?

[des8]

So the hedge is owned by the person who owns the land on which it grows
That person has a duty of care to others and must take reasonable care not to cause injury to persons or damage to third party property.

First ascertain exactly who owns the hedge, and who is liable (owner or tenant if rented).
You could then apply for an injunction requiring the responsible person to keep the hedge trimmed.

Don't suppose the council are interested? Part 8 of the Anti-social Behaviour Act 2003

[efpom]

Des8 Brilliant answer - I would never have dropped to the legislation. In fact, the landowner has stated that it's the council's responsibility to trim the hedge, and has gone on to say that he will be asking the council to "do it's duty"!

[efpom]

Bugger - it's a hawthorn hedge - Part 8 only applies t evergreen or semi evergreen plants. Hawthorn is neither.

[des8]

Although the path is privately owned and maintenance of the surface is the responsibility of the frontagers, is it also a public right of way?

i would still start with the highways dept of the county council (altho' you may be bounced around different depts!) and try and get them to sort it.
Even if they won't do the trimming, they might push the hedge owner.
Try and get your local county councillor involved as well.

[efpom]

No, it's not a public right of way. The rest of your advice is well worth trying.

[charitynjw]

As part of an ongoing issue involving a situation (which is not on or concerning my property.....a relative of mine asked for help re her situation), I was in contact with the local authority & gave an example of potential problems using a photo of my neighbors' 12/13m high screen of trees close to (but not actually astride) their boundary.
Last Wednesday, & for the first time in over 20 years, the offending screen was cut back to a more sensible height.
Coincidence?

[efpom]

The local council has accepted responsibility for the hedge and has undertaken to maintain it - the future will unfold, but meantime many thanks to all that responded.

[efpom]

I got a result - local council pitched up and did the work.