Can I take the ivy hedge down?

Can I take the ivy hedge down?

Postby Anndy » Thu Jun 02, 2005 11:52 am

Hi
I hope someone can help us with the following problem:
We live in a mid terrace house and have a small back garden, 5m wide, 15m long. The legal documents state the right fence (as seen looking from the house towards the garden) is our responsiblity and the left fence is our neighbours responsibility. (Mr. X.).
As it happens this fence is overgrown by an approximately 15 year old ivy. The ivy climbs up a trellis which is attached to our side of the fence.
The ivy is old and very bulky and leans to our side by approximately 60cm due to the weight. The trellis leans as well. We would like to take down this part of the ivy as it makes our garden smaller, doesn't allow us to grow anything underneath, dries out the ground and from an esthetic point of view. This part of the ivy originates from a root in our garden.
However our neighbour is strongly refusing for us to do anything with the ivy and is adimant that it should stay as it is. He says it is his fence/hedge and I am not allowed to damage it. If i cut it down the boundary line the hedge will collapse.
What is the legal situation in this case?
Thanks for any help with this.
Anndy
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Postby syckend » Fri Jun 03, 2005 3:24 pm

What you do with the ivy is nothing to do with your neighbour. Just sever it through at the base and let it die off - you don't need to tell your neighbour anything - so don't! Ivy is nasty stuff and can interweave inside the fence panels and split them and your neighbour could ask you to repair it.
Don't bother to remove any of the ivy - just let it get brittle and break off in time.
If the fence is unstable it's your neighbour's responsibility to repair it - according to the deeds.
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