There used to be a ditch outside my property which ran the length of the
road. This ditch was filled in many years ago. My neighbour has an
evergreen hedge which has, over the years layered itself outwards,
extending probably six to eight feet over where the ditch used to be.

I started complaining some years ago, when the road visibility began to
deteriorate. I have complained every year since and most years the
hedge has been given a very light trim. The situation has got to the
stage where I have my front wheels well on to the carriageway before I
can see if the road is clear to drive out. Do I have any legal rights
on either safety grounds or in relation to the original boundary
(property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence wish
to understand the legal position before getting "Heavy"

pat wrote:
There used to be a ditch outside my property which ran the length of the
road. This ditch was filled in many years ago. My neighbour has an
evergreen hedge which has, over the years layered itself outwards,
extending probably six to eight feet over where the ditch used to be.

I started complaining some years ago, when the road visibility began to
deteriorate. I have complained every year since and most years the
hedge has been given a very light trim. The situation has got to the
stage where I have my front wheels well on to the carriageway before I
can see if the road is clear to drive out. Do I have any legal rights
on either safety grounds or in relation to the original boundary
(property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence wish
to understand the legal position before getting "Heavy"

Is it the neighbour you have complained to?

How about the highway authority or their agents?

Having recently been fined for parking on what looked like rough ground
but the highway authority insisted was a highway verge, it appears that
the highway verge can even extend on to privately owned land.

Suggest you report the danger caused by the poorly maintained verge.

pat wrote:

There used to be a ditch outside my property which ran the length of
the road. This ditch was filled in many years ago. My neighbour has
an evergreen hedge which has, over the years layered itself outwards,
extending probably six to eight feet over where the ditch used to be.

I started complaining some years ago, when the road visibility began
to deteriorate. I have complained every year since and most years
the hedge has been given a very light trim. The situation has got to
the stage where I have my front wheels well on to the carriageway
before I can see if the road is clear to drive out. Do I have any
legal rights on either safety grounds or in relation to the original
boundary (property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence
wish to understand the legal position before getting "Heavy"

Local council will cut it back if the owner wont

--

"steve robinson" wrote in message
...
pat wrote:

There used to be a ditch outside my property which ran the length of
the road. This ditch was filled in many years ago. My neighbour has
an evergreen hedge which has, over the years layered itself outwards,
extending probably six to eight feet over where the ditch used to be.

I started complaining some years ago, when the road visibility began
to deteriorate. I have complained every year since and most years
the hedge has been given a very light trim. The situation has got to
the stage where I have my front wheels well on to the carriageway
before I can see if the road is clear to drive out. Do I have any
legal rights on either safety grounds or in relation to the original
boundary (property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence
wish to understand the legal position before getting "Heavy"

Local council will cut it back if the owner wont

If they have any money left in that little pot, which is somewhat unlikely

tim


--

tim..... wrote:


"steve robinson" wrote in message
...
pat wrote:

There used to be a ditch outside my property which ran the length
of the road. This ditch was filled in many years ago. My
neighbour has an evergreen hedge which has, over the years layered
itself outwards, extending probably six to eight feet over where
the ditch used to be.

I started complaining some years ago, when the road visibility
began to deteriorate. I have complained every year since and most
years the hedge has been given a very light trim. The situation
has got to the stage where I have my front wheels well on to the
carriageway before I can see if the road is clear to drive out.
Do I have any legal rights on either safety grounds or in relation
to the original boundary (property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence
wish to understand the legal position before getting "Heavy"

Local council will cut it back if the owner wont

If they have any money left in that little pot, which is somewhat
unlikely

tim


--


If its creating a hazard to road users they have a statuatory duty

What usally happens local council send owner a letter giving them 14
days to cut the hedge back or they will do it and charge them , council
charges are often several times more than a sensible commercial quote
so the owner gets it done

Once officially notified if thier bushes or trees are seen to have been
a contributery factor in an accident then they will end up being held
liable to the extent of thier neglicence

--

"steve robinson" wrote in message
...
tim..... wrote:


"steve robinson" wrote in message
...
pat wrote:

There used to be a ditch outside my property which ran the length
of the road. This ditch was filled in many years ago. My
neighbour has an evergreen hedge which has, over the years layered
itself outwards, extending probably six to eight feet over where
the ditch used to be.

I started complaining some years ago, when the road visibility
began to deteriorate. I have complained every year since and most
years the hedge has been given a very light trim. The situation
has got to the stage where I have my front wheels well on to the
carriageway before I can see if the road is clear to drive out.
Do I have any legal rights on either safety grounds or in relation
to the original boundary (property side of the filled in ditch).

Wish to try to remain on reasonable terms with my neighbour hence
wish to understand the legal position before getting "Heavy"

Local council will cut it back if the owner wont

If they have any money left in that little pot, which is somewhat
unlikely

tim


--


If its creating a hazard to road users they have a statuatory duty

What usally happens local council send owner a letter giving them 14
days to cut the hedge back or they will do it and charge them , council
charges are often several times more than a sensible commercial quote
so the owner gets it done

Once officially notified if thier bushes or trees are seen to have been
a contributery factor in an accident then they will end up being held
liable to the extent of thier neglicence

Thanks for the comments and suggestions.

I would prefer to try approaching the neighbour again (it is the neighbour
to whom I have complained in the past) before going through any official
body, hence the request for a legal argument/reference to give any complaint
some legal force.

One possible complication is that the boundary, as defined by the original
ditch, runs closer to the road at the front of my property than at the front
of my neighbours property. The original ditch (and hedges) did a zig zag
away from the road starting just before, and continuing, under my drive.
The neighbour has, some years ago, claimed that as justification for
allowing their hedge to grow outwards. The view past my hedge has always
been slightly restricted but any traffic is on the opposite side of the
road. The view past my neighbour's hedge used to be completely unrestricted
making exiting from my drive very safe.

Has anyone a legal reference that could be used in a complaint to my
neighbours?

Pat wrote:

One possible complication is that the boundary, as defined by the
original ditch, runs closer to the road at the front of my property
than at the front of my neighbours property. The original ditch (and
hedges) did a zig zag away from the road starting just before, and
continuing, under my drive. The neighbour has, some years ago,
claimed that as justification for allowing their hedge to grow
outwards. The view past my hedge has always been slightly restricted
but any traffic is on the opposite side of the road. The view past
my neighbour's hedge used to be completely unrestricted making
exiting from my drive very safe.

Has anyone a legal reference that could be used in a complaint to my
neighbours?

What most people do is get someone to see them out safely.

If that's not possible, what most people do is erect a mirror on a stick.

Would you really rather have have a neighbour dispute than do either of
those?

"Norman Wells" wrote in message
...
Pat wrote:

One possible complication is that the boundary, as defined by the
original ditch, runs closer to the road at the front of my property
than at the front of my neighbours property. The original ditch (and
hedges) did a zig zag away from the road starting just before, and
continuing, under my drive. The neighbour has, some years ago,
claimed that as justification for allowing their hedge to grow
outwards. The view past my hedge has always been slightly restricted
but any traffic is on the opposite side of the road. The view past
my neighbour's hedge used to be completely unrestricted making
exiting from my drive very safe.

Has anyone a legal reference that could be used in a complaint to my
neighbours?

What most people do is get someone to see them out safely.

Highly inconvenient most of the time and often totally impractical.

If that's not possible, what most people do is erect a mirror on a stick.

Indeed, and that might be the final solution.

Would you really rather have have a neighbour dispute than do either of
those?

Why is asking, with an appropriate legal reference if available, likely to
cause a neighbour dispute? I have been asking, nicely and politely, each
year for possibly 20 years as the lack of visibility has moved from
inconvenience to significant hazard, we haven't yet fallen out.

To erect a mirror on a stick needs official approval. From some of the
other posts it seems the officials may investigate before giving approval,
perhaps to seek another solution. Official involvement may well cause a
neighbour dispute, which is what I am trying to avoid.

I interpret the gist of your post as being that anyone can encroach
significantly (six feet or more) on the grass verge outside their property
with impunity. Is that a correct interpretion and, if it is, has anyone any
comments regarding that.

On Mon, 11 Aug 2008 09:00:10 +0100, "Norman Wells"
wrote:

Pat wrote:

One possible complication is that the boundary, as defined by the
original ditch, runs closer to the road at the front of my property
than at the front of my neighbours property. The original ditch (and
hedges) did a zig zag away from the road starting just before, and
continuing, under my drive. The neighbour has, some years ago,
claimed that as justification for allowing their hedge to grow
outwards. The view past my hedge has always been slightly restricted
but any traffic is on the opposite side of the road. The view past
my neighbour's hedge used to be completely unrestricted making
exiting from my drive very safe.

Has anyone a legal reference that could be used in a complaint to my
neighbours?

What most people do is get someone to see them out safely.

If that's not possible, what most people do is erect a mirror on a stick.

Would you really rather have have a neighbour dispute than do either of
those?

If we all took that attitude then the bullies of this world wouild
walk all over us - is that what you approve of?

Make the wretch cut back his hedge to his legal boundary. That's what
I would do.

On Aug 13, 11:55 am, David J wrote:
Make the wretch cut back his hedge to his legal boundary. That's what
I would do.

Really? The legal boundary of his property is almost /certainly/ the
centre-line of the highway. (It always has been in all the houses I
have owned).

The problem is that the hedge is extending into the highway (which
includes the verges) - not that it extends beyond his property.