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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, My neighbours ivy and some other climber plant are

Resolved Question:

Hello,
My neighbours ivy and some other climber plant are climbing over our border fence at the front and also blocking our side entrance. I have cut it right back in the first year when we moved in. Next year it was worse. I cut it back again and asked the neighbour if she could do something about it. She said she doesn't have time but will do it on her day off...
She didn't.
This year it got even worse. It's becoming harder and harder to cut it back as it gets stronger every year. I asked her again if she was going to do something about the plant. And again she said: yeah, when I will have time... And drove off.
Their front garden is being neglected and is getting worse every year.
Is there anything I could do legaly to make them sort it out? I cannot be spending my time and my money to keep doing this.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you complained to the council yet please ?
Customer: No I haven't.
Alex Watts :

OK - speak to the Council first. They may have a bye law against this type of thing but I would not necessarily rely just on this.

Alex Watts :

Anything that overhangs you are entitled to cut back as you well know.

Alex Watts :

However the neighbour has no responsibility to cut it back and sadly you have to pay this.

Alex Watts :

However if it is causing damage then you can sue for negligence and sue for any loss and damage.

Alex Watts :

For that you need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Do I need to give her the cuttings back?
Customer: It will be causing damage next year if it will keep growing like this.
Customer: and I cannot wait until it does. It is already reaching our CCTV camera, which I cannot afford to be damaged...
Alex Watts :

You need to offer the cuttings back.

Alex Watts :

You can only sue if there is damage.

Alex Watts :

But you can give notice that you will sue if there is damage

Customer: does she have a right to refuse the cuttings?
Alex Watts :

Yes

Alex Watts :

Then you can just dispose of them

Customer: I will see what the council says. If they will not help me this means I have to let the plant do the damage...
Customer: Is that a written notice from me to her that. I will sue if there is damage?
Alex Watts :

Yes that is correct.

Customer: Can I be blamed for not cutting it on my side?
Alex Watts :

No, not if it was not practical to do so

Customer: Last question :)
Alex Watts :

Sure

Customer: we have a low about 30cm wide border fence and it is growing on it. The fence must be managed by us. Can i cut the ivy that is on that fence?
Customer: I already cut what was hanging over.
Customer: Dont want to tresspass.
Alex Watts :

Yes anything on your side

Alex Watts :

Whatever is on your side of the boundary you can cut back

Customer: But the boundary is behind the fence? What is on the fence it is our boundary?
Alex Watts :

Yes I would say so

Customer: ok. Thank you.
Alex Watts :

Can I help with anything further today?

Customer: I think it is all clear now. :)
Alex Watts :

Great, if I could invite you leave feedback before you go, its the button at the bottom of the screen. Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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