Need Some help regarding Ivy roots?

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abutayub27
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Joined: Tue Jan 13, 2015 10:22 am

Need Some help regarding Ivy roots?

Post by abutayub27 » Tue Jan 13, 2015 10:56 am

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

ukmicky
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Re: Need Some help regarding Ivy roots?

Post by ukmicky » Wed Jan 14, 2015 1:26 am

The ivy is not your issue unless you want it removed from your land.

Are you responsible for the growth of ivy from your neighbours land onto your other neighbours land simply because its touching your property in between ,no.

Could you be made to pay out damages in a court of law for this ,no.If he has an issue he should be pro active and should be removing any growth onto his land if it is causing damage rather.



The neighbour attaching his property to your wall is more complicated . Do you know when he or his predecessors did this .

Was it before you bought the property.
Advice given is not legally qualified and you are advised to gain a professional opinion

Treeman
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Re: Need Some help regarding Ivy roots?

Post by Treeman » Wed Jan 14, 2015 8:25 am

What he said

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