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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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My neighbour has a rear extension next to my house. Am I within

Customer Question

My neighbour has a rear extension next to my house. Am I within my rights to attach hanging baskets to the wall ( on my property ) and grow ivy on it?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

Hello and welcome to Just Answer. My name is ***** ***** I'm happy to help with your question today.

Alex Hughes :

Did you give the neighbour notice of your intention to hang the baskets on the wall?

Customer:

We gave them notice and the baskets have been in place for over a year....this is just one of many gripes my neighbour seems to have with me! She complained because the noise of trickling water in my pond was annoying her and she dislikes the fact that I have a tv Arial on the summer house ate the bottom of my garden. She says the ivy must be removed and the hanging baskets.

Alex Hughes :

This is a highly contentious area of law. Strictly speaking you do need your neighbours express permission to afix objects to their extension - it is their building and their wall. Ultimately they woukd have a claim against you for any damage caused under the tort of nuisance. If this is a boundary wall then they may also have rights under the Party Wall etc Act 1996. The bot***** *****ne, unfortunately, is that you don't have an automatic right to hang baskets and grow ivy in the manner you've described.

Customer:

Ok....but do I have any right to complain that their extension roof (felt and plastic trim) is over the boundary line on my property (as is the wall itself, I suspect), even though it was already there when I moved in?

Alice H and other Property Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
If they are encroaching your land then you may have a claim against your neighbour. You should contact HM Land Registry and obtain an Official Copy of thetitle plan. This shows the general boundaries of your property. It is based on large scale Ordnance Survey mapping so it will be generalised to some degree and does not show the exact legal extent of your property. For instance it may not show small juts in the boundary or bay windows.
Compare this plan to your property. If there are differences then you may have to instruct a solicitor and surveyor to resolve this dispute with your neighbour, which could mean damages for the loss you have suffered by a reduced plot of land.
Customer: replied 3 years ago.
Expert:  Alice H replied 3 years ago.
No problem. All the best!
Expert:  Alice H replied 3 years ago.
Hi Ashley

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes