Law surrounding billing someone for not doing their maintenance.

[Dolomite]

As per the title. Has anyone one had such a run in with someone or a local authority over a issue similar.

We have a footpath running down the side of two fields. The council own the hedge and woods to the other side. For 25-30 years they have cut the hedge back in the summer and twice cut the grass growing on the row. As they legally have to do. With budget cuts etc they didn’t do it last year so a great deal of crop damage occurred as the long grass and wider hedge pushed walkers into s standing crop. And in autumn 2018 the were trampling growing wheat back in 6 metres into the field. We since have been too and fro with them. They were told to get the hedge cut because they would be billed for the crop damage and cutting it back yearly or add it to a maintenance list as it was before.

Anyway after 4-5 months they hadn’t cut it. So before the Christmas influx of walkers I cut it back and billed them accordingly. They are refusing to pay, and the matter since June has been with our agent. He’s thoroughly torn them a new one and they have all but admitted defeat. I’ve given him the letter they sent but I’m keen to prove a point with this rabble. So what laws, rules, obligations in row statue law can I string them up by if any? If needs be it’ll be a small claims court date I think if all else fail to get the money and get them to act decently. Any experience or feedback would be greatly appreciated.

Thanks

 

[Goweresque]

A bit of googling suggests that there is an obligation on landowners to prevent encroachment from the side onto a right of way by vegetation and trees etc, contained in the Highways Act of 1980:

https://www.wigan.gov.uk/Resident/P...nd-occupiers.aspx#Obstructionsandencroachment

Looks like Section 154 of the 1980 act is the relevant one:

https://www.legislation.gov.uk/ukpga/1980/66/section/154

The main problem with all that being that the 'relevant authority' to enforce section 154 is the Local Authority for the area.................so if they are the landowner in question as well then they they'd be putting themselves in the dock........

 

[Dry Rot]

A bit of googling suggests that there is an obligation on landowners to prevent encroachment from the side onto a right of way by vegetation and trees etc, contained in the Highways Act of 1980:

https://www.wigan.gov.uk/Resident/P...nd-occupiers.aspx#Obstructionsandencroachment

Looks like Section 154 of the 1980 act is the relevant one:

https://www.legislation.gov.uk/ukpga/1980/66/section/154

The main problem with all that being that the 'relevant authority' to enforce section 154 is the Local Authority for the area.................so if they are the landowner in question as well then they they'd be putting themselves in the dock........

But the council will have a complaints procedure which should be published on their web page. If that doesn't work, the OP can take it to the Local Authorities Ombudsman. Maybe worth trying a post on their Facebook page as well.

I said "maybe" because I've tried it and it didn't work for me! Hence the old saying. "You can't beat city hall".

 

[Formatted]

Didn't you post about this a while ago and the opinion was you were lucky that the council cut the grass and hedge on your land in the first place and that the conclusion was everyone else has to do it for them, so why are you complaining?

 

[Lazy Sod]

Put a fence down the edge of the foot path to prevent people walking on your crop. When the walkers complain that their use of the path is compromised, direct them to the council.

 

[Extreme Optimist]

Contact your MP. I have had a surprising amount of success with this and Council Officers hate MP's

 

[theboytheboy]

Contact your MP. I have had a surprising amount of success with this and Council Officers hate MP's

This. I worked at a county council before returning to family farm so speak from experience

 

[Flasheart]

The owner of the hedge is legally obliged to prevent it from blocking the footpath. The highways authority is obligated to keep the surface of a field edge path passable, probably by cutting if growth makes it impassable.

If a cross field path has been cultivated the landowner is responsible for re- instateing it and preventing the crop from blocking it.