If your neighbour fails to cut back the hedge so that it has become so overgrown that that it has narrowed the width of the right of way causing difficulties when exercising your vehicular or pedestrian right of way it is a nuisance.
However, it may be disproportionate to issue proceedings in such a case.
In the case of Jones v Pritchard [1908] Ch 630 at 638, per Parker J.: ‘…the grant of an easement is prima facie also the grant of such ancillary rights as are reasonably necessary to its exercise or enjoyment.’.
Abatement of a nuisance/self-help can be used: “in clear and simple cases” which would not justify the expense of legal proceedings-see Burton v Winters [1993] 1 WLR 1077 2.
You must be careful before exercising such a remedy and you should first try and resolve the matter with your neighbour making them aware of the difficulties that the overgrown hedge is causing. You do not want your neighbour to make a complaint to the police with regard to criminal damage -sections 1 and 4 of the Criminal Damage Act 1971.
If they still fail to cut back the hedge then you should first write to your neighbour putting them on notice that unless they deal with the nuisance you will need to take action to cut it back.
It is important that is you ensure that when cutting back the hedge to abate the nuisance that in doing you do not cause irrevocable damage to the hedgerow.
The case of Lambert v Jones [2023] EWHC 667 (Ch) concerned a prescriptive right of way and raised the issue of the extent to which the right of way allows the cutting back of hedges and trees along either side of the track by the dominant owner. As to the cutting back of vegetation, it was accepted that the Claimants could cut back hedges and trees encroaching onto the track to the extent that it is reasonable to allow the right to be exercised
It is important to consider the matter carefully and take legal advice before resorting to self-help particularly if there are other issues in dispute between you and your neighbour.
We specialise in rights of way matters and would be able to advise on this aspect. Should you wish to discuss the same please contact Joseph Quinn on 01392 248858.
This article does not constitute legal advice. Specific legal advice should be taken before acting on any of the topics covered.