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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My neightbour has complained about my creeper that has blocked

Resolved Question:

My neightbour has complained about my creeper that has blocked a window that they recently installed and are threatening litigation and remuneration
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

What would you like to know about this?
Customer: replied 3 years ago.

The windows were installed some two years ago, which the creeper overran last year. This year they are threatening litigation and remuneration unless I remove it.


What are my rights?

Expert:  Alice H replied 3 years ago.
It is your duty to ensure that your plants are not causing a nuisance to your neighbour. think litigation and compensation is a little excessive. But its right to say that your neighbour is entitled to quiet enjoyment of their property including a right to light. If your creeper is causing a nuisance then they could take action including removing the plant and passing the cost of removal to you.
Customer: replied 3 years ago.

The windows are new installations, with no right to light.

Expert:  Alice H replied 3 years ago.
Is this a block of flats or separate houses?
Customer: replied 3 years ago.

House

Expert:  Alice H replied 3 years ago.
So is the suggestion that the creeper has overrun the boundary and climbed up their wall?
Customer: replied 3 years ago.

It is climbing the boundary wall.

Expert:  Alice H replied 3 years ago.
And overgrowing? Thus blocking their window?
Customer: replied 3 years ago.

Not overgrowing the boundary but running up it. The window was installed 2 years ago, which I objected too, though was approved by the council.

Expert:  Alice H replied 3 years ago.
OK.

Its an arguable point whether you are liable or not. You can certainly refuse to cut back the creeper - that's clearly matter for you to decide.

But as a matter of law the window was installed with planning permission. Clearly the creeper was not an issue when it was installed.

The creeper has clearly overgrown resulting in the complaint from your neighbour. They are within their rights to cut back as mentioned above or ask you to do it.

In an extreme situation if the matter went to court there is a high probability that a Judge would find that your overgrowing plant, obstructing a lawfully installed window amounts to nuisance.
Customer: replied 3 years ago.

Ok. Thank you.

Expert:  Alice H replied 3 years ago.
I realise that this may not be the answer you were looking for but I am obliged to give you an honest, objective and impartial opinion of the law.
Alice H and other Law Specialists are ready to help you