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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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WE ARE PENSIONERS AND LIVE IN A SEMI DETACHED HOUSE. MY NEIGHBOUR

Resolved Question:

WE ARE PENSIONERS AND LIVE IN A SEMI DETACHED HOUSE. MY NEIGHBOUR HAS IVY GROWING ON HER HOUSE ROOF AND WALL.SHE DOES NOT MAINTAIN IT AND IT IS HEADING TOWARDS MY HOUSE. MY WIFE AND I HAVE SPENT A GREAT DEAL OF MONEY ON REPLACING THE WEATHER BOARDS AND IN THE PAST I HAVE CLIMBED A LADDER TO THE ROOF AND CUT THE IVY OFF.THE LAST TIME I ALMOST FELL OFF WHICH WOULD HAVE CAUSED ME SERIOUS INJURIES.MY NEIGHBOUR WAS NOT ABIT CONCERNED. WHAT LEGAL RIGHTS DO WE HAVE TO PREVENT THE IVY GROWING ONTO OUR HOUSE
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
If her ivy gets out of control and causes damage to your house then you might well have a claim against her. However the court would have expected you to do what you can to protect your property and to the extent you failed to do so, your compensation would be reduced.
If you had fallen off the roof and been injured you might have had a claim (although I am sure she would have alleged contributory negligence at the least). There needs to be an actual injury to make a claim like that.
Did you have to replace the weather boards because of her ivy or did you do that just as part of good maintenance?
In theory you could try and get an order to force her to control her ivy but the costs would be prohibitive and success far from guaranteed. I am afraid that in this situation there is no real remedy in law for you. You will simply need to keep chopping it back I am afraid.
If you employ someone to do it you could get three quotes invite your neighbour to pay and when she refuses get the work done, then send her a bill and when she refuses to pay bring a money claim in the small claims court (follow this link fro more details https://www.gov.uk/make-court-claim-for-money/overview)
I suspect this is not the answer you were hoping for but I have to tell it as it is and not raise false hopes.
Customer: replied 2 years ago.

Thank you for your answer .

We replaced the weather boards as part of good maintenance. The ivy is difficult to get at especially on the roof. So our only hope is the small claims court. This will be on going as we can only remove what is on our property, am I correct on this matter?

Expert:  LondonlawyerJ replied 2 years ago.
Yes, you can only remove what is on your property.
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