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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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At the weekend we established that our neighbour had planted

Customer Question

At the weekend we established that our neighbour had planted a Hydrangea Petiolaris against the side wall of our property using trellis and baton to attach it to our property. The side of our 3 storey end terraced town house forms part of the boundary wall. Both my partner and myself diplomatically approached the neighbour informing him that we do not want his climbing plant on our property wall; and that he cannot just put trellis up on the side of our house. Disappointingly he seemed to take this matter rather personally and told us he can do this. Then in a “Huff” moment he begrudgingly said he would make a framework for the plant, but would be leaving it there for the time being!
We have 2 concerns: Firstly, does my neighbour have the right to put anything on my boundary/property wall and also up to it? (i.e. shouldn’t the area along the side of our house be left completely free?)
Secondly we are very concerned that he will make a frame the length of our property to attach the climbing plant to spread all over the wall as apparently he doesn’t like to see the bricks from his garden/house. Having lived in our property for nearly ten years, occasional access is required for maintenance of external wall (fascia painting etc) Therefore legally how close to our wall is the neighbour allowed to fix a freestanding framework/trellis i.e. what is the legal distance from our wall, as this particular plant grows 60 to 80 feet high and is difficult to maintain once established (something which we definitely don’t want covering the side of our house!) We are certain that our neighbour will put a new framework as close as possible to our wall (but not attached to it), however the result will be the same as this climbing plant will very easily climb through the framework onto our wall
Please can you help?
***** ***** & Bas Mereu
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
I will try and help. Firstly the neighbour is not allowed to attach anything onto your fence or wall which goes through the fence and wall and as such would could a trespass. This would obviously technically include a nail or a screw. He is allowed to have things on his side of the boundary and it can go right up to the boundary line. If he is growing high hedges (using whatever plant) then you would be able to contact the council for anti social behaviour if a hedge is all of these:-2 or more mostly evergreen or semi-evergreen trees or shrubsover 2 metres tallaffecting your enjoyment of your home or garden because it’s too tallClearly if he is trespassing in any way on you can write formally to him requesting that he desist and threaten legal action against himPlease rate positively
Customer: replied 1 year ago.

Having paid £38.00 upfront for this fee paying service I have to say I am disappointed with the clarity and detail of your answer. I have already obtained a more specific bullet points of what my neighbour cannot do on my boundary line/property wall from a FREE online Legal Service. Please can you address the second part of my question regarding intent by my neighbour to put framework close to my property and my legal rights about this. The point I am making is, without question, if the framework is placed close to my property my neighbour's plant will climb through and onto my wall. This is the problem of which I would like an answer. Please can you kindly reread extracted info below from my original question as I am still unclear to my legal rights which I do not feel you have answered fully. In that I am not feeling confident that I can call on my neighbour to explain his rights about what he can and can't do to my property. Do I need to put something in writing and what would be the content and what is a reasonable timeframe to remove it? If he doesn't do I have the right to remove it myself? Extract quote from original question:

"Having lived in our property for nearly ten years, occasional access is required for maintenance of external wall (fascia painting etc) Therefore legally how close to our wall is the neighbour allowed to fix a freestanding framework/trellis i.e. what is the legal distance from our wall, as this particular plant grows 60 to 80 feet high and is difficult to maintain once established (something which we definitely don’t want covering the side of our house!) We are certain that our neighbour will put a new framework as close as possible to our wall (but not attached to it), however the result will be the same as this climbing plant will very easily climb through the framework onto our wall".

Please reply urgently as I am waiting for this information

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