Shared access

Soldato
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Apologies for going in half cocked, but I expect someone has come across this before - so thought I'd fire off a thread before I get home and dig out deeds and whatnot. TLDR at the end!

Anyway.....

Our house is mid-terrace, from our allocated parking, there is a pathway that leads to a gate on our back garden - along this path it also serves access to the back garden of two other houses.

Over the last few years that pathway has become overgrown, and inaccessible - the other two houses are rented, and neither the past or present tenants bothered to help clear it, so this weekend (owing to needing access via our back gate once again) I set-about clearing it at the weekend.

Problems have now arisen with one of the neighbors!

The issue isn't so much that I cleared this path, but that I trimmed an overhanging bush, which was spilling into our back garden from a house that backs onto our own backgarden - this bush had completely covered our gate, and made opening our gate impossible until cleared!

Whilst cutting this bush, our immediate neighbor (now complaining) voiced her concerns about me cutting this bush - saying that she wished to see it flowering, and that it offered her privacy from being overlooked by the houses backing onto our terrace; at that stage we got on really well with her and my wife had even been to several social events with her - so I politely explained that unfortunately it was preventing us from using our gate.

Though she was clearly not happy, she said "well, you are home owners" and left it at that - until today, when she has not only complained that I cut this bush too high, but that she has demanded that I now leave it to grow back; at least in line with her garden.

I don't have our deeds to hand (still at work) - but would have assumed that this pathway was common access for all three houses, and as such, it should be the responsibility for all to keep it clear and accessible? So, as this bush that tends to overgrow its adjacent garden fence, and prevent us using our gate - I assume that I have a right to keep it trimmed back?

Apologies if this description isn't clear, I guess the TLDR version is:

Live in terraced house with rear pathway to get to our back garden.
Pathway overgrown for years - cleared by me.
Adjacent house's bush keeps overgrowing our rear gate.
Next door neighbor now complaining about me cutting overgrowing bush.

Thanks folks!
 
Soldato
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legally you can trim what overhangs onto your land - but you must offer the cuts back to her. We had this with our neighbour, they would cut it back and "helpfully" throw the cuts back into our garden! We have a dog, kids and a conservatory - thankfully none were ever hit.

How you handle this though is down to you - she sounds a bit mental if she cannot see the issue.
 
Soldato
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I have to do similar several times a year when the tree thing at the rear of the garden to the rear of my house overgrows into our garden. I cut off the bits that come into my garden and drop them over the fence (to be fair their garden is a state and they wouldn't notice, but if it was a neat garden I would probably just bin the cut offs myself).

Let them complain is all I can say.
 
Soldato
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legally you can trim what overhangs onto your land - but you must offer the cuts back to her. We had this with our neighbour, they would cut it back and "helpfully" throw the cuts back into our garden! We have a dog, kids and a conservatory - thankfully none were ever hit.

How you handle this though is down to you - she sounds a bit mental if she cannot see the issue.

Thanks for the info - I might speak to the neighbors with the unruly bush - just to see if they're happy with me doing it.

Part of it now overhangs into this communal pathway, which I presume will have right of access for all the terraced houses equally?

Edit: she is also clearly mental!
 
Soldato
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I have to do similar several times a year when the tree thing at the rear of the garden to the rear of my house overgrows into our garden. I cut off the bits that come into my garden and drop them over the fence (to be fair their garden is a state and they wouldn't notice, but if it was a neat garden I would probably just bin the cut offs myself).

Let them complain is all I can say.

I've always disposed of the cuttings myself, but might as well ask the owner if they'd rather me chuck them into their garden - belt and braces I suppose.

I hope our deeds will clear it up, but the bit that overhangs into the communal area, means we cannot open our gate - as it open outwards into this pathway...
 
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I had one of these (was a drive as opposed to a pathway), the deeds stated a right to pass.

This would IMO make it a right to be able to force access, so if something was in the way you could remove it.
I think the normal issues people face are same as you, a right to pass but someone may not aid you in doing so by helping to keep the shared area passable.
 
Soldato
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Remind her that you will bill her for all damaged clothing that her bush causes as a result of it being neglected. With any luck, she'll thank you for cutting it back.
 
Soldato
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Have a word with your local environmental health team.

I'm sure your neighbours have a duty of care to maintain the shared access & they'd be the dept to force her to do it.
I know they can if the offending Bush is over a public path
 
Soldato
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Had quite an epic turn of events last night - considering what a mare I had at work, it really made me laugh.

As soon as I got home I went to the neighbor with the unruly bush, they were very apologetic, but I stressed I really wasn't bothered about it - nor keeping it in check on our side of the fence; I only wanted to make sure that they were happy with me doing so. I then returned to speak to the other neighbor in the terrace (not the mental one), to apologize for putting their broken gate into their garden - which the nut job had apparently seen as a future point of arguments, as this tenant had thrown it back into the pathway. There was no answer, so I put their gate back into their back garden to clear the route once more.

My Wife had tried to get the landlord's details from the nut job, who flatly refused - but thankfully, my wife had been friends with the previous tenant and she gladly passed them over. I gave her a call and had a very productive chat about what had happened, and she completely agreed that I was well within my right to ensure I had access to my rear gate, and also thanked me for clearing the pathway - as she had tried to arrange for the broken gate to be replaced, but couldn't get to it.

I left it that the landlord (landlady) was going to speak to both tenants, and remind them that the pathway should remain clear of any obstructions, and give them a gentle reminder of their tenancy agreements.

As I was updating the Wife on all of this, I let the dogs out, only to see that unruly busy neighbor had decided to rip the entire things down :D She was having a good laugh when I told her about how petty the mad woman's comments had been - so she said she decided to give her something to really grumble about :D

So - no bush no problem!
 
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