ivy growing on my fence for the last 30 yrs!

ivy growing on my fence for the last 30 yrs!

Postby terrijyane » Wed May 04, 2016 9:12 pm

Please could someone advise me as to the best solution to my problem.. i moved into my house 6yrs ago (the next door neighbour has lived here for almost 30yrs). it seems that she has grown ivy against my fence from day one and has looped the ivy over the fence posts. I own the fence and have noticed that it is starting to bow due to the weight of the ivy. I have asked her to drastically cut the ivy back to take the weight off the fence, even inviting her round to see the damage that it is doing. She hasnt done anything about it so I am going to write a letter and send a picture to her. The picture shows the thickness of the vine which is looped over the posts. I was going to write in my letter that i will give her till the end of the month to reduce the weight of the ivy or i would cut the very thick stem from my fence. If i do this and the ivy falls over, can she sue me or take me to court for any reason?? As with alot of people on here, we dont see eye to eye and dont talk
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Re: ivy growing on my fence for the last 30 yrs!

Postby MacadamB53 » Wed May 04, 2016 9:36 pm

Hi terrijyane,

If i do this and the ivy falls over, can she sue me or take me to court for any reason?

of course she could, but then so could anyone - would she have a case is the question, and the answer is "no".

your idea to send a letter and give fair warning sounds more than reasonable.

before you do that, though - can you explain how you know it's your fence? and does she concur?

Kind regards, Mac
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Re: ivy growing on my fence for the last 30 yrs!

Postby terrijyane » Wed May 04, 2016 9:40 pm

Hi, thanks for responding - ive recently remortgaged and have a copy of the deeds to the house so can see on the plan that the fence belongs to us (marked by the T)
When i went round to speak to her i did say that it was my fence and she didnt argue the fact so i assume that she does know that it is.
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Re: ivy growing on my fence for the last 30 yrs!

Postby despair » Thu May 05, 2016 7:30 am

When you do speak or write to the neighbour remind them


The fence or wall is your property
And they cannot under any circumstances

Paint stain or render it
Attach anything to it
Grow anything up it
Lean or pile anything against it
Allow balls etc to be thrown ,hit it etc

And that legally they are responsible for costs of repairing damage from above actions
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Re: ivy growing on my fence for the last 30 yrs!

Postby arborlad » Thu May 05, 2016 11:59 am

terrijyane wrote: I was going to write in my letter that i will give her till the end of the month to reduce the weight of the ivy



You've probably missed your chance now, lots of birds nests etc.
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smile...it confuses people
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Re: ivy growing on my fence for the last 30 yrs!

Postby Eliza » Thu May 05, 2016 7:44 pm

I've never noticed any birds nests in ivy personally.

But, if one assumes there might be some there, then the law is that trees, etc, with birds nests in cant be trimmed between beginning of April and end August as I recall.

That being the case - then OP is in the clear to do so on 1 September.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: ivy growing on my fence for the last 30 yrs!

Postby arborlad » Fri May 06, 2016 9:17 am

Eliza wrote:I've never noticed any birds nests in ivy personally..




I have - personally. On my ivy covered Prunus avium, there is the ever present wood pigeons, less frequent collared doves, two confirmed blackbird nests plus a myriad of other small birds that are in and out of it all day long.
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Re: ivy growing on my fence for the last 30 yrs!

Postby MacadamB53 » Fri May 06, 2016 9:45 am

Hi Eliza,

the law is that trees, etc, with birds nests in cant be trimmed between beginning of April and end August as I recall.

not sure who told you that, but they're wrong.

it is illegal to disturb nesting birds end of - no seasonality.

Kind regards, Mac
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Re: ivy growing on my fence for the last 30 yrs!

Postby Roblewis » Sat May 07, 2016 7:09 pm

Mac

I think the presumption of post August is based on the end of nesting behaviour in a normal September. Of course nesting starts around early March for some species.
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Re: ivy growing on my fence for the last 30 yrs!

Postby Morgan Sweet » Sat May 07, 2016 10:19 pm

It is only illegal to intentionally disturb nesting birds.
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Re: ivy growing on my fence for the last 30 yrs!

Postby terrijyane » Thu May 19, 2016 8:14 pm

just an update .. sent a letter politely advising my neighbour that i would be removing the ivy from my fence at the end of the month. Hand delivered the letter on Friday evening and by the Sunday, they had removed the ivy themselves. RESULT!
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Re: ivy growing on my fence for the last 30 yrs!

Postby span » Thu May 19, 2016 8:44 pm

terrijyane wrote:just an update .. sent a letter politely advising my neighbour that i would be removing the ivy from my fence at the end of the month. Hand delivered the letter on Friday evening and by the Sunday, they had removed the ivy themselves. RESULT!


Use this as a opportunity.

Send them another note thanking them or a thank-you card expressing your appreciation, with a box of chocs or a bottle of plonk.

That'll confuse them or put them off guard. Meanwhile, remain vigilant.
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Re: ivy growing on my fence for the last 30 yrs!

Postby Uriah Heap » Sun May 29, 2016 12:25 am

Hi, glad the OP got a good result.
I have a similar problem. In my case neighbour refused to remove the ivy so I did it myself. Had to lean over the fence to do it but didnt set foot on his land.
He came round fuming accusing me of criminal damage and trespass. Threatened to call the police but I havent heard anything yet.
Did I break the law? Its my fence after all (undisputed).
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Re: ivy growing on my fence for the last 30 yrs!

Postby arborlad » Fri Jun 10, 2016 12:31 pm

Uriah Heap wrote:Hi, glad the OP got a good result.
I have a similar problem. In my case neighbour refused to remove the ivy so I did it myself. Had to lean over the fence to do it but didnt set foot on his land.
He came round fuming accusing me of criminal damage and trespass. Threatened to call the police but I havent heard anything yet.
Did I break the law? Its my fence after all (undisputed).



If you throw a mustard seed over the boundary - the law considers it a trespass, you don't have to be standing on someone else's land to be trespassing.
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