Other Sports1 min ago
Plants and shared access path
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We live in the middle of a terrace of three cottages with shared pedestrian access front and back. The neighbour on the far end who has access over 2 properties is cutting plants next to the path and leaning over the fence to cut back others. The plants such as lavender and budleia aren't blocking the path but flower heads at this time of year do mean they will brushed in passing. He is still able to get access to his garden with a wheel barrow/lawnmower etc despite this. I am fairly confident that he isn't allowed to lean over the fence (the plants don't overhang his garden) but is he allowed to cut the others by the path?
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The first thing to say is - is it really worth getting into a battle over? I wouldn't have thought so.
If you want a technical answer as to whether he is in breach of some civil law, I suspect it depends on who owns the pedestrian access. Sometimes these access routes are part of a public right of way and a foopath is supposed to be a minimum of one metre (it might be 3 feet) wide. I suppose if it was less than one metre wide, he could do this.
Alternatively, the route may be privately owned by each of the gardens adjoining, and each of you has a private right of way across it. In that situation I suspect it is for the owner of the land including the path to decide how long he wants his plants to be.
Perhaps a quiet word - 'the plants look rather good at this time of year - is it really necessary ............. (and so on)'
If you want a technical answer as to whether he is in breach of some civil law, I suspect it depends on who owns the pedestrian access. Sometimes these access routes are part of a public right of way and a foopath is supposed to be a minimum of one metre (it might be 3 feet) wide. I suppose if it was less than one metre wide, he could do this.
Alternatively, the route may be privately owned by each of the gardens adjoining, and each of you has a private right of way across it. In that situation I suspect it is for the owner of the land including the path to decide how long he wants his plants to be.
Perhaps a quiet word - 'the plants look rather good at this time of year - is it really necessary ............. (and so on)'
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