Right of way/right of easement!

[Witchtower]

I posted the other day 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??

It's her land, her responsibility to maintain, and she has no right to block it or say you can't use it. You could go to court for an Order if she's being obstructive.

homeguides.sfgate.com/responsible-maintain-easement-97268.html

I found this but the first two points seem very contradictory. Easement holder and easement owner.

If she’s not going to maintain it then I would just maintain it myself tbh.

What’s more hassle, pruning a few bushes or embarking on a further, possibly bitter and lengthy dispute with an already alienated neighbour?

@MayFayner if I’m being totally honest, I genuinely don’t have the time to prune someone else’s bushes. I’d be lucky to have time to touch my own garden.
We have a lengthy bitter dispute already, regarding something completely unrelated. Due to the dispute she is now refusing to clear her path.

I have a lot of patience with this person and have only asked politely.

They are her bushes in her garden so I don't think you can trim them yourself without her permission anyway. Is it possible for you to just walk over the overgrown bits, sort of squishing them down as you go? That might spur her on to keep them off the path and if it doesn't you will at least be able to get to your garden.
Or could you walk across another part of her garden to reach your own? That would probably be the easiest solution. I think taking her to court would be a lot of hassle if you could just walk across her grass.

@Breakers def wouldn’t go to court for this.
Her bushes are waist height. I can walk on her garden, which I am doing but she’s complaining that I walk over my garden.

What I am hoping to politely say to her is that ‘I wouldn’t have to walk over your garden if you maintained the path’ but I’m not sure if that is legally correct.

I answered your last thread. I have the same and I maintain (10 years+) because it is for my benefit not his.

You have right of way across it so can use that right of way to maintain it. Very simple.

You don't seem to want to maintain it because you don't have time. But you want the benefit of it without the effort. You can complain about it on the internet or you can use the sunny weather to get out there and cut it back.

@Mehaveit you absolutely did not answer it in my last thread. Your opinion of what I should do or what you do is not what i asked for. I asked where I legally stand.

Ps I did take advantage of the sunny weather. I managed to tidy half of my garden today 😀

Without seeing the original deeds no one can definitively answer. Usually it would be the downstairs neighbour in this situation but not always. I can think of similar situations to yours where, due to the properties being built/divided with intention to rent rather than sell, the beneficiary (you in this situation) is responsible for general maintenance (maintaining bushes, moving snow but not replacing surface for example).

If she is responsible then she is also responsible for any injury that may happen due to her negligence. This may be an angle you can explore.

Ultimately only lengthy and expensive litigation is likely to resolve this but even if a court mandates action on her behalf there is nothing that can physically force her hand.

Ask again in Legal. Someone will know!

@BubblesBuddy thank you!!

I can walk on her garden

Well, legally you can't, you can only walk where the easement/right of way is.

@SoupDragon Information I found online this morning said I could use her path if it was obstructed.

There’s a lot of conflicting information online.

Your stumbling into a very grey area if you start using land over which you have no right to use and she could sue you for damages.

@AnnieOH1 I’m walking a few inches over. Walking on her pebbles. Which in fact used to be the path but she has removed half the width of the path. Tbh I’m not sure if it was her or previous owners. But it’s very clear by looking at the other side of the garden (same set up) and also By looking at where the old paving stones used to be.

Unless she is the original owner she is unlikely to have any obligation to maintain it, even if the original owner was stated to in the deeds.
You have a right of way for specific purposes so they have to allow access sufficient for those purposes, but that would only being she couldn't build something in the way.
Even if the land belonged entirely to you, you'd still have to prune and maintain it, and it would be hard to legally get someone to do an ongoing job indefinitely for free using any kind of legal document or covenant.

@johnd2 on the deeds it says she is the owner and I have right of way.

If the plants obstruct the whole area is completely blocks access, unless I walk over her garden. Do I still need to maintain?

Just cut back the bushes instead of creating friction with a neighbour or getting legal advice. You had time to do half your garden today, would have been better using that time to just clear your path then do your garden another day. Do the path before you do the next half of your garden.

You need to look at your deeds. Consult your solicitor who did your house sale.

House purchase. Sorry.

@Justonemorepancake
I don’t really want to touch it. She may complain that I’ve removed it!
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.

Had a look at lease and says

‘Lessors may hereafter grant any right of way and all persons authorised by them or having a like right to use for all purposes of access and egress connected with the use of the demised premises but on foot only...to the garden....PROVIDED ALWAYS that nothing shall be deposited on or in either the said footpath....at anytime so as to cause an obstruction or annoyance to the occupier tenant or lessee of other flats in the building’

But I guess that includes me too.

It say may?