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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a shared boundary, which is a 3''6" wall. We have a

Resolved Question:

We have a shared boundary, which is a 3''6" wall. We have a trellis put up on our side of the wall and have planted ivy to grow up it. Over the years it has covered the trellis nicely, we have kept it tidy, pruning and cutting as required. Our neighbour has now cut the ivy at the growing stem, leaving the ivy to die. This was done with no consultation with us. Can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did your neighbour give a reason for doing this please?

Customer: replied 1 year ago.
Just that they want to put a fence up. They don't like ivy because of the damage it does to brickwork.
Expert:  Ash replied 1 year ago.

Ok. Well it is a shared boundary which means if they are going to do anything you and them need to agree. They can't just hack the ivy down.

This would be criminal damage, therefore you can inform the police and your neighbour could be arrested, charged and taken before the court.

It's disgraceful that the neighbour has cut this down without your permission. Therefore you can complain to the police because clearly he is guilty of criminal damage.

Also you can sue for loss and damage caused. You could issue proceedings in the county court for the distress and inconvenience caused.

So no, they can't change things to the shared boundary it without consultation.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
Thank you very much for this Ash, it is a great help to know our position. We will think carefully about our next move. We are pretty non confrontational types, and realise that once we start down the police/solicitor route things can turn very nasty. It is good to know we have this information to hand if we need it in future dealings with our horrible neighbours! Can we come back to you personally, if we need to please?
Expert:  Ash replied 1 year ago.

Of course just ask for me. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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