Gaining access to a neighbours field for hedge management?

[YorksLass]

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

 

[Ffermer Bach]

could you get the power company to cut it back as it is going to foul the electrics? I have a feeling if there is ditch, then hedge it is his ditch and hedge, so I recon you will be on a hiding to nothing.

 

[Goweresque]

If the ditch is on your side of the hedge then chances are (in the absence of anything to the contrary on your deeds) that its not your hedge or ditch. So it may not be yours to cut anyway.

 

[YorksLass]

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

 

[Exfarmer]

That hedge is your neighbours, you are not responsible for it or the dyke, except you may find it easier to maintain the dyke for your drainage

 

[David.]

Trim your side, push the top corner over as far as you dare, so that in future falling timber from the neglected canopy goes over their way.

 

[Goweresque]

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.......

 

[YorksLass]

Oh deep, unabiding joy!

Thanks all - no way I can't maintain my ditch, my field would be under water! B lazy ass land owners give everyone else a bad name!

 

[Exfarmer]

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

 

[Doing it for the kids]

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]

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]

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]

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.

 

[Ffermer Bach]

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.

 

[Doing it for the kids]

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.

That’s what I was thinking!

The dykes we have are deep. How does the hedge directly affect it?

 

[YorksLass]

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

 

[Ffermer Bach]

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!

 

[YorksLass]

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!

I wish! He's sat waiting on planning, having inherited it and done nothing but rent it to horse owners for 10 years.... disaster

 

[Ffermer Bach]

I wish! He's sat waiting on planning, having inherited it and done nothing but rent it to horse owners for 10 years.... disaster

can't you rent it then?

 

[Still Farming]

One's around here like that.
Will NOT cut their side.
Like fking trees now their side.