Can I remove plants on a shared access path legally?

[Venusisthebest]

Am I allowed to trim back overgrown foliage on a shared access path which goes through my neighbours property? Anyone know the legal implications (if any) if I did this?

Why not just have a chat with your neighbour and say you’d like to do this!

@Oldgum tried that already! They don't want me to, even though I explained the plants are blocking the right of way

It’s their foliage on their land?
how blocking? Impassable or just in your way?
do you need to access this path as in, you can’t leave your home any other way?

Can you post a pic so we can see extent of it?

@ALovelyPinkUnicorn it's on their land but growing onto a path I have access to walk across.
Not completely blocking (yet) but in my way making it awkward to walk through as I have to avoid touching the plants as some are at head height.
Yes I need to use this path to get to my back garden, get my bins through and I use my back door as my main entrance (most people do here, it's common).

If you’re honest… how are relations between you and these neighbours?

@Oldgum can't post a picture as it would definitely be identifying!

You walk through someone else's garden as your main entrance, when you have a front door?

Is your part of the path on your land or is it all shared?

Use the front door and stop pissing them off.

Of a part of a path with some foliage ?

@Oldgum yes, people would recognise my path/garden! And my neighbours probably on here which is why I'm keeping it vague! I just want to know what would happen if I did cut the plants and the legal viewpoint?!

All the path is shared access. It's a row of terraces and everyone uses their back door instead of the front including this neighbour who also has to walk through other people's gardens themselves to get to their entrance! So it's very normal here. @Shedmistress @WoollyandSarah

@RandomMess the whole path I have right of access, it says on the deeds. None of the path is on my property.

They don’t have the right to block your access and I would expect that it could be argued that he is blocking your access.

Have you checked your house insurance to see if any legal cover is included? Other than that citizens advice bureau.

There have been threads like this before. Surely the owner of the path has a duty to keep it in good order and repair? Im thinking of a scenario where one dark night someone banged into a branch, fell and hurt themselves. If you could show that you had drawn the path owner's attention to the danger you may well have a legal case against them for personal injury.

You need to seek a qualified legal opinion.

I have large bushes near my gate and make sure my gardener keeps them well trimmed so they are not a danger to couriers who deliver after dark.

Go on the garden law forum for advice on this. On here you’ll get loads of people telling you you’re in the wrong for using your legal right of way.

Found this on Gemini-

Under UK law, if you own a pathway subject to a right of way, you must not substantially obstruct it. You are legally liable for injuries caused by hazards like overhanging branches under the Occupiers’ Liability Act 1957, which requires you to ensure the path is reasonably safe for authorized visitors.

The Responsibility to Keep it Clear

• Vegetation & Obstructions: As the landowner (servient owner), you cannot physically block or substantially interfere with the easement. This includes allowing bushes or thorny branches to overgrow and block the designated width of the path.
• The Right of Way Holder: Users must be able to "pass and repass" without unreasonable hindrance. If you allow vegetation to narrow or block the path, they hold the legal right to request that you cut it back.
• General Maintenance: Generally, the owner of the land is not obliged to spend money actively repairing the surface of the path (unless explicitly stated in your deeds). However, keeping it free of man-made and natural hazards remains strictly your responsibility.

Liability for Injuries

• Are you liable? Yes, you could be held liable if someone injures themselves on your property. Under the Occupiers’ Liability Act 1957, an occupier owes a "common duty of care" to all lawful visitors.

Mumsnet is gonna die if people just paste what they found on AI. The OP could do that. There’d be no need to talk to humans. I get it seems helpful but I just hate how it’s becoming a thing with its bullets and headings and nothing to do with the conversational tone.

On a lighter note, I first read the title as ‘Can I remove pants…’ to which the answer is a firm no.

Whose responsibility is the hedge? Is it the neighbours' boundary or is it owned by all that use it?

If you trim it back does that impinge in any way on the neighbour or will it still look the same from their side?

@Mischance it's the neighbours hedge, I'm not asking for it to be removed, just trimmed so it isn't going across the path. It would actually improve the garden for them too! But they want to be difficult.

That doesn't answer the OP's question. She knows the owner is supposed to keep it clear, she's asking, since the owner isn't keeping it clear, what happens if she does it without the owners consent. Telling her the owner needs to keep things clear is pretty pointless.

OP - I suspect it would technically be criminal damage, but hard to prove if lots of people walk along that path... Pretty sure that advice should be on Talk/illegal though.

Speak to your local councillor to see if the council can issue an enforcement order

Sorry but common courtesy means you’re a knob if you use access through someone else’s garden (intended for bins etc) as yiour main access. Even if it’s common practice.