Right of way passage. Help!

[Witchtower]

My neighbour owns the path and I have right of way.

Whose responsibility is it to ensure it is kept clear from overgrowing plants?

I need to use this path to gain access to the garden but it is completely covered with large weeds.

I have this situation. I keep it clear because it is for my benefit. He never needs to use it so never kept it clear. I do so I do.

@Witchtower I absolutely bloody did! You asked whose responsibility it is NOT the legal position. If you want legal advice go on the legal matters board. If you want opinions from someone in exactly the same situation then that's what you got.It's shared responsibility and if she doesn't want to she doesn't have to. You can't make her when it's 50% your responsibility.
You've clearly got the time to do your own garden but want some legal speak to force your neighbour to do her 50% . You've clearly peed her off on some other point and she's being vindictive but you could just do it yourself rather than finding some legal reason to force her to do 50% If she's been doing all of it for 5 years sounds like it's your turn to do all of it for the next 5 years! Just like if a shared/their fence blows down. You can't force your neighbour to replace it but you can construct one within your own boundary.

Am I missing something? This thread makes no sense...

Anyone else missed something?

What did we miss, or has there been PMs flying about?

PM, maybe?

@mehavit
Come on show us the pm. There must have been one or the op is communicating telepathically

She has two threads going about this

@Mehaveit I have never noticed the legal section so I thought property was the best fit.
I assumed you understood what I meant when I said responsibly!

www.mumsnet.com/Talk/property/3546586-Right-of-way-right-of-easement

Like I said I’m confused. It’s her property. She’s already removed half of the original width and now she’s purposely allowing bushes/weeds to completely cover it and then complains that I’m walking on her garden.

And to keep you all totally up to date. This is the reason why my neighbour is now refusing to clear her garden.

www.mumsnet.com/Talk/am_i_being_unreasonable/3541919-AIBU-Noisy-neighbour-thread-Advice-please

I will at some point when I can be bothered, ask about that in the legal section.

I know this is seriously drip feeding but a few months ago there was a dead pigeon in her garden, I went out the day after and she’d put a pigeon wing on my stairs.

You can't walk on her garden. Even if you didn't have an unrelated dispute going on with her, I'd still crack on and clear it. She doesn't need to use the path and she's not going to clear it. So you will have to if you want to use it.

Your options are

1. don't use the garden
2. clear the path

I'd be worried about her claiming damage to her plants if you did it.

@NoTNoShade looking online this morning apparently if the path is obstructed then I am allowed to walk on her garden.
There is far too much conflicting information.

@WitsEnding this is also a problem. Not the first time it’s happened. Builders removed some of her plants so they could paint the area, but she accused me of doing it.
Another freeholder contracted a gardener to tidy up an area at the front of the house (shared area) we all agreed and after it was done she sent the freehold an email claiming that her plant was ‘slaughtered.’

If I’m being totally honest I am so sick of doing her favours and every single time she will complain about something else. That’s why this time I would rather refuse to pick up another one of her responsibilities.

Honestly, if you want proper advice, don't have several threads running at the same time about the same subject, expect everyone to follow them in tandem, and answer in one thread when the poster has posted in another.

@BreakfastAtSquiffanys you are right but if i hadn’t have done I wouldn’t have got any advice!

You could have just got the original thread moved 🤷🏻‍♀️

I suspect the ROW/garden situation could be more easily resolved too if you were more pro active and less reactive.

@IncrediblySadToo I think my issue is that I am too proactive. I have always tried my hardest to help even through the other dispute. But this was just another issue created out of spite. I can’t keep giving in all the time. She already refuses to do other roles that the freehold has to take on.