Right of way/right of easement!

[Witchtower]

I posted the other day in property but didn’t get much of a response, so I’m still none the wiser. Hopefully more info would help me out.

My title already shows how confused I am. I have been doing some research, all with vague, conflicting information.

I live in a share of freehold where the garden has been divided into 4. My garden is at the back but there is a path to my garden which is located on the far left hand side of my downstairs neighbour’s garden. The same applies to the other two gardens but the path is on the far right.

I have looked at the plans and it is definitely owned by neighbour downstairs and I have right of way/right if easement. From the information I have been reading this morning it sounds like it’s right of easement as it is private property, but I could be wrong.

My question is who is responsible for maintaining it? It is currently completely blocked with bushes. Am I supposed to do this or is the neighbour? It has previously been the neighbour (past 5 years) unfortunately due to another dispute which is unrelated, she now refuses to maintain it and also said she does not want me walking on her garden.

HELP??

She has responsibility as far as I know. That said, these things generally do grow over if they are not needed and I don't think it's illegal unless you knowingly put a structure up obstructing a right of way. Just being overgrown is allowed if it's not being used.

Are you actually needing it?

Because you have a right to enjoyment of your property. So if this is denying you that, then you need to get a solicitor involved and bring along copies of all the maps.

Definitely needed. It’s my only access to my garden.

Don’t want to go to a solicitor. Just hoping that I could send her a message (politely) with correct info regarding the law.

She doesn't want to maintain it because she doesn't want you walking through her garden to get to your part?

Are the bushes weeds that she can't deal with or something she has let grow on purpose?

Hmmmm and the gardens are in the deeds for each property? I doubt she cares on the legality.

If you have fallen out over something else then is going to be tricky.

I think the options are

1. make up
2. Buy the access from her to make that part of your garden. It's hard to know if this would work, can you do a diagram ? We love a diagram on MN
3. Can you get access from the other side of your garden. Can you buy access that way?
4. Offer to cut back the bushes and install a fence or something to keep you out of her garden, so you only walk the path. Put a gate on each patch. Let her choice and suck up the cost.
5. Tunnel / helicopter / zip wire / high bridge 😂
6. Garden swap with you paying for the documents legal costs and then you fence her access.
7. Sell up but it could be tricky to show people the garden.

Phew.

You have the right to clear the ROW if you wish. No one per se is responsible for clearing it.

As far as I understand it, the path/access is across her land. Lots of houses are like this. Sometimes you access your garden via an alleyway and cross a neighbours garden if you are the mid terrace. You cannot buy it! It’s her garden.

Therefore it’s not usually a right of way. It’s an easement. However, instead of arguing just take a pair of shears to it or secateurs! When she’s out.

a Right of way is a type of easement. usually depending on what s in your deeds/lease the right of way is subject to you paying half of the cost of maintenance.

She is responsible. She's obstructing your right of way and not fully complying with her maintenance obligations.

Try a polite note/speaking to her. Maybe raise it in a freeholders' meeting if that doesn't work?

She is responsible. She's obstructing your right of way and not fully complying with her maintenance obligations.

This is incorrect. The servient owner of land over which someone else has a ROW is under no inherent obligation to keep the route clear. The is because the dominant owner has the right to clear the route themselves.

Collaborate no it isn't. This is a right of way as part of a lease, not a deed of easement.

To be clear, you said on your other thread that her lease says she owns and must maintain her garden didn't you OP?

@MinnieMountain Are you sure? OP states very clearly: I live in a share of freehold. How could you know what the neighbour's responsibilities are without seeing the lease (if indeed it is a lease and OP has got it wrong)?

Yes. She mentioned the details on another thread.
She has a leasehold flat which is one of 6 in the building. Each flat owner also owns a share of the freehold. So she is a Lessee and also a Freeholder.