Gaining access to a neighbours field for hedge management?

YorksLass

Member
Hi folks, after some help please.

I have a dyke in my field, hedge beyond it. The field beyond that is rented to horse owners, which change pretty frequently and the LO does nothing to maintain his land or his dykes, and doesnt ask his rentees to either.

I have asked for access to trim the hedge, which is nearly in over head pylons at one end, and been told no its too wet.... We havent had rain since Christmas, lots of hard frosts, I cant see it getting any drier between now and March but the b horsey woman doesnt seem to understand the window of time etc.

Is there any legal way of gaining access?

Many thanks
 

YorksLass

Member
Screenshot 2022-01-20 at 20.00.09.png



I am not remotely artistic but I hope the above makes sense - I thought the hedge went with the dyke?

The power company have a once a year recce and hand saw anything long.... the whole hedge needs doing to stop it shooting up and let it thicken a bit imo. Wish I could afford to lay it but no chance :(
 

Goweresque

Member
Location
North Wilts
View attachment 1011305


I am not remotely artistic but I hope the above makes sense - I thought the hedge went with the dyke?

The power company have a once a year recce and hand saw anything long.... the whole hedge needs doing to stop it shooting up and let it thicken a bit imo. Wish I could afford to lay it but no chance :(
The hedge does go with the ditch, only they both belong to your neighbour, under the hedge and ditch rule of boundaries, unless you have something on your deeds that says otherwise. Technically you shouldn't have been maintaining the ditch on your side of the hedge without permission, though its unlikely that anyone is going to make a fuss about it. However if you go flailing their hedge without permission they will undoubtedly get narked.......
 

Exfarmer

Member
Location
Bury St Edmunds
The hedge does go with the ditch, only they both belong to your neighbour, under the hedge and ditch rule of boundaries, unless you have something on your deeds that says otherwise. Technically you shouldn't have been maintaining the ditch on your side of the hedge without permission, though its unlikely that anyone is going to make a fuss about it. However if you go flailing their hedge without permission they will undoubtedly get narked.......
You are entitled to trim a hedge if it comes over tour boundary, in this case this side of the ditch. However I have never heard of anyone ever being sued or prosecuted and I do not believe any court would uphold any case against the offender
 
Does the water flow to the right of your picture or back around in a U?

How bad is the hedge in the dyke? Is it really affecting you?

Horsey type don’t really seem to have much pride in such things and dobin will hate the flail.

Good luck
 

Goweresque

Member
Location
North Wilts
You are entitled to trim a hedge if it comes over tour boundary, in this case this side of the ditch. However I have never heard of anyone ever being sued or prosecuted and I do not believe any court would uphold any case against the offender
What, do you think a court wouldn't uphold the landowners right not to have his hedge cut if he didn't want it to be? I agree that its unlikely that someone would go to court over it, but it certainly wouldn't create a sense of good neighbourliness. I'd would definitely be hacked off if someone did that to one of my hedge without permission.
 

Exfarmer

Member
Location
Bury St Edmunds
What, do you think a court wouldn't uphold the landowners right not to have his hedge cut if he didn't want it to be? I agree that its unlikely that someone would go to court over it, but it certainly wouldn't create a sense of good neighbourliness. I'd would definitely be hacked off if someone did that to one of my hedge without permission.
If a hedge or a tree hangs over your property, you are entitled to trim it back to boundary. You should return the trimmings, but a flail should do that anyway.
This is the law in England and Wales do not know about Scotland
 

Goweresque

Member
Location
North Wilts
If a hedge or a tree hangs over your property, you are entitled to trim it back to boundary. You should return the trimmings, but a flail should do that anyway.
This is the law in England and Wales do not know about Scotland
Of course thats the case, cutting back to the boundary is fine, but in this case we're talking about cutting the whole hedge of a neighbour without permission. I can hardly think a court would look very kindly on that.
 
If a hedge or a tree hangs over your property, you are entitled to trim it back to boundary. You should return the trimmings, but a flail should do that anyway.
This is the law in England and Wales do not know about Scotland
but their boundary is the edge of the ditch, so the hedge would have to grow over the ditch before you could trim it back.
 

YorksLass

Member
Ours arent that deep, couple of feet?

Its more that the height needs taming to allow it to thicken, before it gets too tall and falls over in a stiff wind and good bye privacy/ wind break/ habitat etc
 
Ours arent that deep, couple of feet?

Its more that the height needs taming to allow it to thicken, before it gets too tall and falls over in a stiff wind and good bye privacy/ wind break/ habitat etc
unfortunately that is up to your neighbour what they do with their hedge, if you want to do whatever with it, buy the fields off him!
 

Make Tax Digital Software Poll

  • Quickbooks

    Votes: 21 16.9%
  • Sage

    Votes: 11 8.9%
  • Xero

    Votes: 52 41.9%
  • Other

    Votes: 40 32.3%

AHDB planting and variety survey

  • 42
  • 1

The AHDB Planting and Variety Survey provides the earliest view of the planted area for the upcoming harvest in the United Kingdom (UK).​


Complete the Planting and Variety Survey

The survey will estimate the area of cereals and oilseed rape intended for harvest in 2022 in the UK. It aims to assess the varietal composition of wheat, barley, oats and oilseed rape crops in the UK. The results of this survey will allow the industry to quantify domestic production, at a time when food security is more important than ever.
The information can be used to shape the domestic market and trade and assist levy payers in their marketing decisions. It will detail regional differences of cropping across the UK, which will help...
Top