Old Ivy on neighbours wall

Old Ivy on neighbours wall

Postby gardengnome3000 » Sun Aug 31, 2014 11:00 am

We have some old Ivy that grew from our garden on to a neighbours wall.
The Ivy was killed by a previous owner of the property.
The neighbour believes that the dead Ivy is causing damp in their house and is demanding that we remove the Ivy and have their wall re-rendered due to the damage caused by the Ivy.
We did not grow the Ivy or kill the Ivy, it was dead when we moved in.
The neighbour moved in after us, so must have had a property survey done.
Do we have to do as the neighbour requests?
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Re: Old Ivy on neighbours wall

Postby Mojisola » Sun Aug 31, 2014 11:09 am

gardengnome3000 wrote:We have some old Ivy that grew from our garden on to a neighbours wall.
The Ivy was killed by a previous owner of the property.
The neighbour believes that the dead Ivy is causing damp in their house and is demanding that we remove the Ivy and have their wall re-rendered due to the damage caused by the Ivy.
We did not grow the Ivy or kill the Ivy, it was dead when we moved in.
The neighbour moved in after us, so must have had a property survey done.
Do we have to do as the neighbour requests?


No. Tell them the above - put it in writing if they aren't approachable.
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Re: Old Ivy on neighbours wall

Postby ukmicky » Sun Aug 31, 2014 2:16 pm

gardengnome3000 wrote:We have some old Ivy that grew from our garden on to a neighbours wall.
The Ivy was killed by a previous owner of the property.
The neighbour believes that the dead Ivy is causing damp in their house and is demanding that we remove the Ivy and have their wall re-rendered due to the damage caused by the Ivy.
We did not grow the Ivy or kill the Ivy, it was dead when we moved in.
The neighbour moved in after us, so must have had a property survey done.
Do we have to do as the neighbour requests?

Hmmmm

It being dead or alive has no bearing on ownership.

It's not straightforward this one . If this ivy on his wall is in your airspace it is in theory your ivy in your control.

If it is causing an actionable nuisance (causing damage) the initial nuisance was caused by the previous owner of your house and they are liable for what happen before you moved in . Your liability starts from where you became aware of the problem . The law allows you a reasonable amount of time to take action to remove the nuisance after you become aware of it. If you don't take action you are then causing a continuing nuisance and become liable for any new damage that occurs after you become aware of the problem.

My advice

If this ivy is in your airspace where your neighbour has no right of access it's most probably is your ivy whether it is dead or alive, so remove it very carefully. Don't go mad and try to remove every trace just remove anything loose that can be removed without damaging the wall. That way the air will get to the wall and if it is causing damp it will remove any possibility of him or his insurance company claiming you are guilty f causing a continuing nuisance. Your problems lies with if you remove it he may then claim you damaged his wall when you removed it. Catch 22 situation.

I would not render his wall however as you were not responsible for allowing it to grow up the wall. That liability lies with the previous owner of your house.

If this can be said to be your ivy but within his control as it is within his airspace and you have no legal access to it the law expects him to be proactive and remove it just like with normal garden overgrowth. If he hires someone to remove the overgrowth from his airspace ,it is at his cost.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Old Ivy on neighbours wall

Postby arborlad » Mon Sep 01, 2014 2:25 pm

gardengnome3000 wrote:We have some old Ivy that grew from our garden on to a neighbours wall.
The Ivy was killed by a previous owner of the property.
The neighbour believes that the dead Ivy is causing damp in their house and is demanding that we remove the Ivy and have their wall re-rendered due to the damage caused by the Ivy.
We did not grow the Ivy or kill the Ivy, it was dead when we moved in.
The neighbour moved in after us, so must have had a property survey done.
Do we have to do as the neighbour requests?



The best time to remove ivy is when it is still green.

Ivy, of itself, is not capable of causing damage, it will though readily exploit any gaps in already damaged rendering.

Allowing your neighbours access to carry out repairs would be a good way forward.
arborlad

smile...it confuses people
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Re: Old Ivy on neighbours wall

Postby gardengnome3000 » Tue Sep 16, 2014 8:26 pm

We have a reply from the neighbour:
"By law, when buying a property, you take on all pre-existing situations by whomever they were created."
Is that really the case?
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Re: Old Ivy on neighbours wall

Postby ukmicky » Tue Sep 16, 2014 8:58 pm

We have a reply from the neighbour:
"By law, when buying a property, you take on all pre-existing situations by whomever they were created."
Is that really the case?
Did you read my previous post ?


Short version
Previously i said you are only liable for damage caused after you moved in and only for any damage that occurs after you moved in if you fail to remove the nuisance within a reasonable time.

You are not resposible legally for any damage that occurred before you moved in so you do not take on any of the previous owners liabiities but can be liabile for future damage if you allow the nuisance to continue.


#
Do you without his permision have legal access to the wall without stepping onto your neighbours land ,If yes you should remove the growth. He cant do it as he would be trespassing on your land

If the neighbour have access to the wall without stepping onto your land, as you cant enter his land without causing a trespass he is expected to be proactive and remove it himself. .

Unless the wall was in a very bad condition ivy will not cause damp either.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Old Ivy on neighbours wall

Postby MacadamB53 » Tue Sep 16, 2014 9:43 pm

Hi,

We have some old Ivy that grew from our garden on to a neighbours wall.

does the affected wall abut the boundary?
did the neighbour's predecessor allow this to happen?
did the neighbour's predecessor take action at any time to remedy?

"By law, when buying a property, you take on all pre-existing situations by whomever they were created."

if by this they are claiming you take on liability for damages caused by your predecessor then they are plainly wrong.

think about it - what if your predecessor torched the neighbour's car, shot his dog and drove a JCB into his garage on the day he moved out?

your neighbour is simply taking the lazy option and trying to scare you into sorting out a problem they bought and should chase your predecessor over.

Kind regards, Mac
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Re: Old Ivy on neighbours wall

Postby gardengnome3000 » Thu Sep 18, 2014 11:56 am

Thanks for all your replies.

Actually damp was not mentioned by the neighbour, I just made that up in my head.
It's just the damage to the render.
Which someone said can only have happened while the ivy was living.
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Re: Old Ivy on neighbours wall

Postby MacadamB53 » Thu Sep 18, 2014 2:05 pm

Hi gg3000,

does the affected wall abut the boundary?
did the neighbour's predecessor allow this (the ivy growth) to happen?
did the neighbour's predecessor take action at any time to remedy?

Kind regards, Mac
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Re: Old Ivy on neighbours wall

Postby gardengnome3000 » Thu Sep 18, 2014 2:30 pm

does the affected wall abut the boundary?

Yes

did the neighbour's predecessor allow this (the ivy growth) to happen?

Yes

did the neighbour's predecessor take action at any time to remedy?

They cut through the main trunk of the ivy to kill it, but did not remove any from the wall
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Re: Old Ivy on neighbours wall

Postby gardengnome3000 » Thu Sep 18, 2014 2:33 pm

Sorry, I'm not sure about the neighbours predecssor.
I was thinking of our predecessor.
The neighbour can't even see the wall from their house.
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Re: Old Ivy on neighbours wall

Postby ukmicky » Thu Sep 18, 2014 10:00 pm

Damage is not restricted to causing damp or pulling off render. If the ivy cant be removed in its entirty so the wall cant easily be returned to how it would be if no ivy had grown up it, it has caused damage.

I had ivy growing up my brick wall in my garden and after its removal 2 years ago i still have brown thin root like structures thingys(not sure of their name ) that seen like they have been cast in steel and welded to the wall, I tried burning the things off with a blow torch ,scraping them off and even resorted to a wire brush in one place just to see what would happen and nothing seems to remove all traces. Its a total pain.


My opinion

This ivy is your ivy.

It is not causing a continuing nuisance as it is dead and any damage that did occur happen before you moved in so you are not responsible for any damage.

The law says simple plant growth into a neighbours airspace is a mere nuisance so is not actionable in a court of law.

You ivy is however attached to your neighbours wall and may or may have not caused damage so a court may be ask to consider it to be more than a mere nuiusance and an actionable nuisance instead .

How a court would view the argument i do not know.

If i were you i would remove anything that can be easily removed without causing damage to the wall ,iuf only to keep on good terms with the neighbours and to show you are reasonable. i would refuse to re- render the wall as you were not responsible for allowing it to grow up the wall and therefore are not liable for any damage which may have occured as it grew.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Old Ivy on neighbours wall

Postby abutayub27 » Tue Jan 13, 2015 12:45 pm

Hello there,

I was wondering if you could all help very quickly, I live in Ealing and need some advice on a garden issue with my neighbor. He is trying to claim damages due to damp and rot to his outbuilding which he had built and concreted to the back of my boundary wall. There is a vine growing from another adjacent neighbors garden where the roots are actually and is creeping over my boundary wall and then onto his outbuilding. He is claiming that as the vine is growing over a little section of the top my boundary wall and then onto his top building causing the rot, that it is my responsibility and not the neighbor who's garden its actually growing in. He is essentially trying to claim damages for me causing the rot to his property, he came to us in June 2013 about the issue and we informed to go speak to the other neighbour where the roots were. We didn't hear from him again until December 2014 where he sent a letter making the claim and requesting that we pay the damages, no warning letter requesting us to cut down the vine beforehand either. My question is are we responsible or is the other neighnour responsible and is he within his rights to claim damages from us? I'm not sure exactly what the law is on this..

Also he has attached his outbuilding with concrete to my boundary wall which belongs me on my original plans and deeds of the property. However, in my original documents of deeds I don't see any permission or party wall agreement from previous owners. I'd like to find out if what he has done is illegal and if I could get someone to inspect it?

Many Thanks

Abu
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