How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

A neighbour I dont know, who lives/owns/or rents out the house

Customer Question

A neighbour I don’t know, who lives/owns/or rents out the house that backs on to my property, knocked on my door yesterday and accused me of being responsible for the ivy which came down in his garden during last month’s storm. This morning I found a threatening letter on the doormat from him saying that the ivy belongs to me because he reckons the roots are on my property, although it was growing on the wall on his side of the fence, and that I should pay for the damage caused to his shed and for the removal of the ivy, and that if I didn’t pay him £792.00 he will take me to court and throw all the rubbish into my garden.
I have lived at this address over 35 years. The Ivy has been growing, for as long as I remember, along the back wall of the warehouse (a car repair garage) that extends the length of one side of both our gardens. At the bottom of my garden, there is a 7 foot high fence that separates our two gardens. I keep the ivy on my side under control. But because the ivy was allowed to grow out of control on his side, it became top heavy and was blown down in the storm of 28th August 2013. A lot fell in my garden too, but with help I cleared it away the debris.
I would appreciate your advice on what I should do.
Thank you.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

On what basis is the £792 owing please, just because of the alleged damage? How is it quantified?

JACUSTOMER-i5x4dld0- :

labour and plant costs £325.00

JACUSTOMER-i5x4dld0- :

8Yd skip £417.60

JACUSTOMER-i5x4dld0- :

Shed 9estimate) £50.00

JACUSTOMER-i5x4dld0- :

Total £792.60

Alex Watts :

Is the ivy yours?

JACUSTOMER-i5x4dld0- :

No, it is not something I planted. it has always been growing there, ever since I first moved into the house of 35 years ago..

Alex Watts :

Is it from your land though?

JACUSTOMER-i5x4dld0- :

As far as I know, it has been growing on both sides of the fence, so I am not sure where it started originally from. A few years ago the neighbour's garden was completely overgrown, and some men spent days clearing it out, cutting down the ivy, trees and bushes, etc. but since then it was just neglected.

Alex Watts : So how does he work out it is your land and your fault?
JACUSTOMER-i5x4dld0- :

I have no idea why he is blaming me. Easy money to clear up the mess, I suppose.I have no idea what is growing over his side of the fence

Alex Watts :

First you should reply back (if you want to) and say that you deny it and if he does take you to Court you will defend it and seek the costs of doing so against him.

Alex Watts :

Then if he does issue proceedings he is on notice.

Alex Watts :

He would have to show not only it came from your land but that you were negligent.

Alex Watts :

Given it has been there for 35 years and he (I assume) has chosen not to do anything about it I can not see how it is your fault.

Alex Watts :

Do not bow to the pressure and just make sure your side is tiday.

Alex Watts :

Can I clarify anything for you about this today please?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.