Overhanging branches/ bushes

[AJR75]

Not withstanding the current situation obviously but some of the ground that I rent is accessed through a relatively narrow lane. A couple of the properties have. over the past couple of years not trimmed back their roadside hedges (which are a mix of hedge and brambles). This is starting to be an issue when hauling bales and damaging the wrap.

There are various scenarios and the most obvious one is just to go and talk to the homeowner and offer to sort the job out- they may be elderly etc and glad that someone wants to tackle a job that's got away from them or conversely they may not like the fact that machinery is coming through "their lane" and are deliberately letting the growth carry on

Before I do that, what are the legalities from my side- am I within my rights to trim this back to allow access to the ground being that the overgrown areas are on a public highway.

Thoughts appreciated

 

[TripleSix]

Sunday morning, get the hedger on it

 

[AJR75]

Sunday morning, get the hedger on it

A JFDI approach is very tempting it has to be said. Would like to try and keep the peace if possible though.

Be nice to know that I'm within my rights to be doing it as well

 

[betweenthelines]

Public road=Local Authority problem.

 

[Cowabunga]

Public road=Local Authority problem.

Local authorities don't want to know. They have bigger fish to fry and always have. They can't even get to grip with this issue on A roads and there are many places where it is trucks and buses that do the trimming. Ultimately they can instruct the landowner, if known, to trim back the hedge and indeed can instruct contractors to do the job without landowner's permission and to bill the landowner. They seldom do though and it could be years to wait for action. Certainly with my local Council.

Ultimately if it is a right of way, you will need to maintain it, as the user, yourself if you want it done to your satisfaction. Don't go over the top though and only do the minimum necessary to maintain your lawful access.

 

[Highland Mule]

I’d find two who wants it done, and get that agreement. I’d go see them when most folks aren’t at home too. Then I’d do the whole area by mistake apart from one tame householder - because it’s difficult to work out where boundaries are from he other side of the hedge, and you thought you’d asked them all. The next weekend, do the other tame householder.

 

[deleted user 837354]

Tough one. Ask and get denied or do and then beg forgiveness?

Trouble is if left long enough it becomes a chainsaw job.

 

[Dry Rot]

If you've a right to remove a car that's causing an obstruction (I think the time limit is 20 minutes), logically you have a right to remove brambles etc., but polite to consult all parties.

Personally, I think I would do it by letter stating that the trimming was scheduled to be done and, unless I heard otherwise, I'd assume they were agreeable. If they don't like it, they can pay for a solicitor to tell you why! Silence can be taken as acceptance and it is always easier for folk to do nothing.

 

[Goweresque]

A JFDI approach is very tempting it has to be said. Would like to try and keep the peace if possible though.

Be nice to know that I'm within my rights to be doing it as well

The relevant law is Section 154 of the Highways Act 1980:

Highways Act 1980

www.legislation.gov.uk

The 'competent authority' to cut back overgrown hedges (other than the owner of course) is the local council so legally you shouldn't unless instructed to do so by the council.

I suppose the logical approach would be to a) speak to the owners and see if they are amenable to you doing the work gratis, and b) if they refuse to allow it, point out that you are entitled to bill them for any damage to your machinery/bales that occurs due to their overhanging hedge, and see if that changes their tune.

 

[glasshouse]

Not withstanding the current situation obviously but some of the ground that I rent is accessed through a relatively narrow lane. A couple of the properties have. over the past couple of years not trimmed back their roadside hedges (which are a mix of hedge and brambles). This is starting to be an issue when hauling bales and damaging the wrap.

There are various scenarios and the most obvious one is just to go and talk to the homeowner and offer to sort the job out- they may be elderly etc and glad that someone wants to tackle a job that's got away from them or conversely they may not like the fact that machinery is coming through "their lane" and are deliberately letting the growth carry on

Before I do that, what are the legalities from my side- am I within my rights to trim this back to allow access to the ground being that the overgrown areas are on a public highway.

Thoughts appreciated

Get a contractor to cut it ideally during working hours.
If you get complaints say it must have been the council
Job done

 

[brigadoon]

Step carefully - we did exactly that on a private road where we had a servitude right of access and after a bit of verbal we took a chainsaw to the obstructing shrubbery.

Two years later we won the ensuing court case - cost just under 5 figures and went through 3 firms of solicitors in the process.

Try to resolve the matter amicably if possible and make sure you have witnesses (preferably not interested parties) to any and all conversations, if you do have a conversation - write it down, date and sign at the time or as very soon after as you can.

Try to get a paper trail that shows you are trying to resolve the matter peacefully and all you want is to get past without doing any damage, indicate that you are willing to do the work or share costs (assuming you are).

Don't get aggressive or confrontational in any way - especially if you are a shotgun or FAC licence holder

If you cannot resolve the matter amicably get some legal advice and get all your ducks in a row before taking any direct action

Don't JFDI - that could get expensive real quick

 

[glasshouse]

If it is low branches, just accidentally leave your loader up
Or side branches trim nicely with a mower in vertical position

 

[Agrivator]

Not withstanding the current situation obviously but some of the ground that I rent is accessed through a relatively narrow lane. A couple of the properties have. over the past couple of years not trimmed back their roadside hedges (which are a mix of hedge and brambles). This is starting to be an issue when hauling bales and damaging the wrap.

There are various scenarios and the most obvious one is just to go and talk to the homeowner and offer to sort the job out- they may be elderly etc and glad that someone wants to tackle a job that's got away from them or conversely they may not like the fact that machinery is coming through "their lane" and are deliberately letting the growth carry on

Before I do that, what are the legalities from my side- am I within my rights to trim this back to allow access to the ground being that the overgrown areas are on a public highway.

Thoughts appreciated

Do you know who owns the narrow lane? Is it public or private?

 

[Old Boar]

I own a lane going down to another farm, both sides have hedges. This farm used to own land both sides of the lane, and kept the lane in the deeds when they sold some of the land (1902). The people down the lane trim back the hedges every other year or so and I am very grateful as I dont have the machinery to do it. Nothing was said, just lots of smiles and one less job for me.

 

[Agri Spec Solicitor]

What Brigadoon has said is correct in my view.
This kind of problem is fact specific and a little legal advice at the start is the best value for money you will get. We have one of these problem lanes and on the two occasions I have had to ask, the neighbouring owners have been fine. As farmers we see things a certain way but the non farmer householders don’t even realise they are causing a problem. The Nike approach is good for solicitors profits!!! You have been warned!!!

 

[AJR75]

Thanks all for the replies. Tend to agree with @Goweresque approach. Much as I like toe JFDI approach it could well cause trouble in the long run.

Will go and knock some doors and see the result I get once the current Covid situation has hopefully died down a little.