pETs EasE wORRIEs

of the public. Moreover, any compensatory award would need to be proportionate to the injury suffered.

Is there a maximum encroachment of my hedge on a public footpath?

It is common for landowners to have public rights of way, namely public footpaths, running across their land. Local highway agencies can use the public purse to carry out routine maintenance work, but this does not absolve landowners from responsibility.

The Highways Act 1980 imposes a statutory duty on the Highway Authority to ensure that the surface is free from defect and suitable for the type of traffic ordinarily expected to use it. Whilst the responsibility for surface maintenance lies with the local authority, it is the duty of private landowners to facilitate the safe passage of this traffic. This means promptly repairing broken stiles, gates and fences and keeping paths clear from fallen trees, overgrown vegetation and parked vehicles. Under the aforementioned legislation, it is a criminal offence to obstruct a footpath or bridleway without lawful authority. Can the council come and cut my hedge without giving me notice first?

Section 154 of The Highways Act 1980 stipulates that where overhanging hedges, trees or shrubs endangers or obstructs the passage of vehicles or pedestrians or interfere with a street lamp, a competent authority may issue a notice to the hedge owner to remove the cause of the danger, obstruction or interference. Failure to comply with the notice within the specified timeframe can result in the competent authority carrying out the necessary work. Where a neighbour complains about your hedge, the local authority can issue a remedial notice if two or more evergreen hedges exceed two metres in height by virtue of Section 66 of the Anti-social Behaviour Act 2003. Failure to comply with remedial notices carries criminal sanctions and the local authority reserves the right to recover any expenses reasonably incurred in order to carry out that work.

Debris – who is liable if a member of the public falls over a bag or pile of debris?

This depends on where the debris was left and who was responsible for leaving it behind. If a member of the public trips over the debris in a public place and reasonable steps weren’t taken to make the area safe, the injured person could bring a public liability claim against the organisation or authority who owns and/ or manages that area. Can I cut a neighbour’s hedge that is spilling on the pavement ?

Legally as a neighbour you have the right to abatement which means, you have the right to cut a neighbour’s hedge where it encroaches over the boundary of your property only. You have the right to cut encroaching branches back to the boundary line but must return these branches to the hedge owner as they are classed as their property. Take care when doing this as you may be liable if you cause the tree to die as a result of cutting back too much.

Ahead of Mental Health Awareness Week (1521 May), a leading vet charity is advocating keeping pets and their owners together through the cost of living crisis. Nearly all pet owners (94%) say that owning a pet makes them happy, according to new figures from the upcoming 2023 PDSA Animal Wellbeing (PAW) Report – and their support has been vital, especially as many people have been forced to make drastic cutbacks to stay afloat. While worrying figures have shown that as many as 770,000 owners are going without necessities in order to keep caring for their pets, almost half of owners (44%) have also said that their four-legged friend has been a lifeline during the cost of living crisis. Nearly all pet owners felt having a pet improved their lives, a comfort which is especially important as many feel the impact of the cost of living crisis. This figure is higher especially among dog and cat owners. The findings also highlight the benefits of having a pet on overall health, with 87% stating owning a pet makes them mentally healthier. While over two thirdsfeel it makes them physically healthier – a figure that is even higher among dog owners. Meanwhile, at a time where many people are having to juggle energy bills and soaring living costs, which can prove isolating, furry friends are essential when it comes to providing companionship. For example, the figures show that over four in five pet owners say that owning a pet makes them feel less lonely. PDSA

Veterinary Surgeon, Lynne James, said: “Pets are family, and we know that pet owners will go to great lengths to ensure they can continue to care for their beloved pets. It vitally important that with everything pets do for us, we make sure that they have everything they need to live healthy and happy lives. Our latest figures show pets are invaluable, especially when their owners are going through hardship. As the cost of living crisis worsens, the work of charities like ours becomes vital, not only to provide essential veterinary care, but also to keep pets and their owners together in their time of need.

In 2022, we provided veterinary care for over 390,000 pets, whose owners would otherwise have struggled to afford the cost and may even have had to resort to other options such as rehoming – the mental health consequences of which are unimaginable. As Mental Health Awareness Week approaches, I’d like to encourage pet owners who are struggling due to rising costs, and who are concerned about being able to afford the cost of veterinary treatment to reach out to us. Our website includes a free eligibility checker to find out whether they’re able to access our services. We also have lots of free advice on how to reduce the cost of caring for pets, while ensuring they remain healthy and happy – something we hope will take a mental load off for many pet owners through the cost of living crisis.”