Plant from neighbours growing under fence.

Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 4:54 pm

Hi,

I'll be completely honest, I know very little about gardening, and also very little on fence laws. I am inquiring though on behalf of my displeased mother. A bit of context: my mother loves her garden; she is an avid gardener who cares about how our garden looks. Meanwhile, my next door neighbours, who moved over a few years ago, really do not care. Before they moved in, they had an idyllic utopia of a garden (even I appreciated, from a non-gardener's point of view, how lovely their garden was). But when they moved in, they chopped down a fairly small tree, completely cut down most plants and left a few bushes and some plants (literally just a few daffodils and another yellow flower). But anyway, I digress.

The garden fences between our houses have plants and bushes growing either side. And according to laws, we own those fences, it is our responsibility to care for that side (the houses on our street own a side each). On one particular fence, there is (was) ivy growing over the fence. The majority of the ivy is (was) on their side but it also grew under onto our side of the fence and outwards. Last Saturday, our neighbour decided to chop down all of the ivy. Not only did she break the fence in the process, but she also must've leaned over the fence whilst on a step ladder and chopped the ivy down which was protruding in our direction on our side too. This has definitely got to my mum to say the least, as in, they've broken the fence, and made a mess of the ivy on our side, and haven't said anything to us since.

So, I have a few questions please, if anyone could help me that would be great.

1.) Even though we own that fence, should we be paying to buy a new fence panel when it was next door who have broken it?
2.) Does it class as trespassing if our neighbours were cutting down a plant which originated from their side but grew into ours? Because if it only grew over our fence, I'd understand, but a lot of it also grew under, even along onto a brick wall at one point. So, should they have been cutting the ivy on our side of the fence?


Any replies would be deeply appreciated.
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby MacadamB53 » Mon Mar 27, 2017 5:22 pm

Hi Amethyst8,

1. if you're certain you own the land on which the fence stands (you mention "laws" prove you own it, but there are no such laws - you need evidence) then you could claim your neighbour should contribute towards a new panel if you believe your neighbour's recent activity damaged the fence - you will need to evidence to substantiate your claim.

2. it is a trespass, but it would not be worth pursuing since it didn't cause any more harm than would have been caused had the neighbour hauled/pulled the ivy from your airspace whilst remaining on their own land.

Kind regards, Mac
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Re: Plant from neighbours growing under fence.

Postby despair » Mon Mar 27, 2017 5:26 pm

the fence is your property so the neighbours had no right whatever to
1)grow ivy or any other climber up it
2) no right to damage it
3) no right to lean over and trespass your side

i suggest your mum gets a quote to replace the panel and sends it to the neighbour complete with an explanation that the fence is her property and the above laws relating to fences
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Re: Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 5:34 pm

MacadamB53 wrote:Hi Amethyst8,

1. if you're certain you own the land on which the fence stands (you mention "laws" prove you own it, but there are no such laws - you need evidence) then you could claim your neighbour should contribute towards a new panel if you believe your neighbour's recent activity damaged the fence - you will need to evidence to substantiate your claim.

2. it is a trespass, but it would not be worth pursuing since it didn't cause any more harm than would have been caused had the neighbour hauled/pulled the ivy from your airspace whilst remaining on their own land.

Kind regards, Mac


I am certain that the fence which they have broken is, by law, our responsibility. I'm not sure about evidence but the wood sticks out in our side's direction, suggesting that it was pushed from their side. And my mother does not want to pursue it, but she is afraid that they will continue to work down the fence, chopping not only their bushes, but the plants which grow on our side too.

Thank you for the quick reply! :)
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 5:38 pm

despair wrote:the fence is your property so the neighbours had no right whatever to
1)grow ivy or any other climber up it
2) no right to damage it
3) no right to lean over and trespass your side

i suggest your mum gets a quote to replace the panel and sends it to the neighbour complete with an explanation that the fence is her property and the above laws relating to fences



The ivy was already there before they, or even we, moved in, but my mother did like it so it was fine with us. I didn't know, however, that the previous neighbour was not meant to do that. But thank you for making me aware of this. I will inform my mother about your suggestion.

Thank you for your quick reply! :)
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby MacadamB53 » Mon Mar 27, 2017 5:52 pm

Hi Amethyst,

what do you mean "by law"?

eg how would your mother show me that it's her fence if I asked?

Kind regards, Mac
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Re: Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 6:15 pm

MacadamB53 wrote:Hi Amethyst,

what do you mean "by law"?

eg how would your mother show me that it's her fence if I asked?

Kind regards, Mac


As in, everyone on the street is responsible for the fence to the left of their garden. It's in the house contract I think.
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby despair » Mon Mar 27, 2017 6:56 pm

do be sure to check the deeds
for the true responsibility of fences

either way your mother needs to make sure the neighbour realise they simply cannot damage fences like that
ivy actually damages fence panels because generally they are pretty badly made
despair
 
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Re: Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 7:00 pm

despair wrote:do be sure to check the deeds
for the true responsibility of fences

either way your mother needs to make sure the neighbour realise they simply cannot damage fences like that
ivy actually damages fence panels because generally they are pretty badly made


We will and she intends on speaking to them as soon as she can. We were hoping that they'd pop over and apologise but they don't seem to be concerned by the fact they've broken the fence. :|
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby MacadamB53 » Mon Mar 27, 2017 7:43 pm

Hi Amethyst8,

It's in the house contract I think

that sounds like you've not even checked and are basing everything thus far on an assumption.

you need to be aware there have been myths perpetuated across this land for many a decade about property owners being responsible for the right-hand / left-hand side fence / wall / hedge and these myths very often get misremembered as fact...

Kind regards, Mac
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Re: Plant from neighbours growing under fence.

Postby Amethyst8 » Mon Mar 27, 2017 8:01 pm

MacadamB53 wrote:Hi Amethyst8,

It's in the house contract I think

that sounds like you've not even checked and are basing everything thus far on an assumption.

you need to be aware there have been myths perpetuated across this land for many a decade about property owners being responsible for the right-hand / left-hand side fence / wall / hedge and these myths very often get misremembered as fact...

Kind regards, Mac


I was attempting to remember what my parents were talking about, that's why I said I think. They've been over the contract and read that. I was just curious about finding out if what they did was classed as trespassing because my parents disagreed with each other at the time.

Kind regards, Amethyst
Amethyst8
 
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Re: Plant from neighbours growing under fence.

Postby mr sheen » Tue Mar 28, 2017 8:10 am

It is clear that this matter is upsetting you but you need to take a step back and put it in perspective before it causes a massive dispute blown out of proportion that causes long lasting ill-feeling and makes the house more difficult to sell and other complications.

There are no 'laws' that determine who owns a fence.
Ivy is very invasive and causes damage to structures including fences.
The neighbours had the right to remove the ivy from their garden.

Without clear evidence that the neighbour, and not the ivy, damaged the fence, you have 2 problems....
1 proving the neighbour, and not the ivy, damaged the fence panel
2 proving your mother 'owns' the fence and is entitled to any compensation. How old is the fence? What condition is it in? Who paid for it?....all these need to be I your favour before it is worth getting 'legal' about this matter

Then you need to consider...
What is likely to happen if a big dispute erupts? Have they been reasonable neighbours to date? Could they become difficult and cause even more hassle?
Is a fence panel and a plant really worth getting so het up about?

This is a minor issue between 2 neighbours and needs to be resolved amicably between the 2 neighbours. The neighbour had the right to remove the ivy since it is an invasive plant that causes damage, so the only dispute relates to the damaged fence panel...does it need replacing? Is it possible the ivy caused the damage? How much will it cost to replace? Some panels are only £12. Not worth getting stressed over and causing a big rift with a neighbour over. Talk to the neighbour and decide if the panel needs repair or replacement and split the cost......and get with living life
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Re: Plant from neighbours growing under fence.

Postby despair » Tue Mar 28, 2017 8:40 am

Mr Sheen
panels are more like £18 but its the delivery charge thats the killer at £25
Whilst no one wants a neighbour dispute
lack of respect for others property is a very real problem
despair
 
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Re: Plant from neighbours growing under fence.

Postby mr sheen » Tue Mar 28, 2017 9:30 am

Despair

The costs you quote pale into insignificance in comparison with legal costs for neighbour disputes. Replacing the fence panel would not pay for 15 minutes of legal advice.
This matter is trivial and needs to be sorted amicably.

Can't understand why you would seek to fuel this trivial matter into a neighbour dispute for this OP who is obviously stressed by this matter and finding it difficult to put it into perspective. It could easily be diffused and resolved without causing more animosity....why do you want to fuel animosity between other people????

Some neighbours are disrespectful but that doesn't equate to money nor a dispute. ivy is invasive and it looks like they did what they could to remove it with minimal damage. I seek to assist the OP to see that and that this matter is a little nut that does not need a sledge hammer to crack it.
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Re: Plant from neighbours growing under fence.

Postby despair » Tue Mar 28, 2017 7:03 pm

i was not recomending or suggesting a neighbour dispute
i was simply pointing out that £12 panels are rare and its the delivery charge never mind the work if the panels have been nailed in rather
than screwed or plates
for you the work and cost may be negligent for others it may be simply too much
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