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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Hi there, My neighbour has attached a climbing plant to the

Resolved Question:

Hi there,
My neighbour has attached a climbing plant to the side of my house and we are experiencing some issues with damp. She is refusing to remove it and denying us access to remedy the problem because it's 'her side'. Our property is semi detached and separate from hers by a 7ft gap. What are our options?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve?
What would you like to happen?
Customer: replied 3 years ago.

We want her to remove the plants she has attached to my house and access to resolve the damp issue which would require our builder to resurface that side of the house. I'm told it will involve scaffolding.

Expert:  Jo C. replied 3 years ago.
She is not allowed to refuse you access for any work required to preserve your property. That is to maintain it. You are allowed access under the Access to Neighbouring Land Act and if she continues to refuse, you can make an application to court for an injunction and legal costs, to compel her to allow you access.
Similarly, with removal of the plant, if this is causing damage/damp you can ask the court to make her remove the plant.
If you get a solicitor to write to her it may remove the need to actually take her to court particularly if she takes legal advice.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much for the advice Jo. It's great to know we have a justified legal recourse should we need it.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

For Jo C:

Hi Jo, Update with regards ***** ***** situation. The neighbour has been cooperative for the most part but not without complaint and the work is coming to and end. I have a few more questions:-

1) She has attached the roof of a shed and stores things stacked against my wall can I ask her to remove it?

2) Because of the age of my house the bricks have become porous and to avoid any damp i don't want plants or items near to it, how close can she legally put anything to my property?

3) Where can I find more information about my legal rights as regards ***** ***** property?

Kind regards

Arvin

Expert:  Jo C. replied 3 years ago.
She is allowed to attach incidental things such as shelves et cetera (basically, anything requiring bolts or screws) to a party wall without consent. Even though this land may be entirely on your land, if it abuts the boundary it is a party wall.
Same thing applies in respect of things leaning against the wall although of course she is not allowed to do anything which causes damage.
She can put things is close to your wall as she likes provided it does not cause damage whether through physical contact or damp.
Here is a copy of the party wall act booklet.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf
Things attached to the wall would be as shown in diagram 4 on page 7 where the neighbours boundary wall is entirely on their land but is still party.
If you then go to close 6 on page 10 you will see references to minor works
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Customer: replied 3 years ago.

For Jo C.:

Thank you for answering so promptly. Just to clarify what a party wall is, the wall in question is not attached to her property i.e house. but boarders her boundary. Her home is approx 7 ft away from mine.

Does drilling holes constitute damage? She has tried to hammer nails into my wall and broken the bricks.

Expert:  Jo C. replied 2 years ago.
Yes, it could I'm afraid.