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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10105
Experience:  30 years experience in property law.
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I own a house in Edinburgh but not the land immediately behind

Customer Question

I own a house in Edinburgh but not the land immediately behind it. The owner of that land is using it as a garden and has planted ivy and a vine against my rear wall, and both are climbing vigorously up it. The ivy will shortly reach the gutter and roof, and I fear it will damage both, it has already interfered with one window. Do I have a legal right to make him remove these climbers?
Submitted: 1 year ago.
Category: Property Law
Expert:  JGM replied 1 year ago.
Thanks for your question. I am a solicitor in Scotland.
This is not an issue of trespass. It is quite simply the law of property. Your neighbour isn't allowed to grow things up your wall. You can insist on immediate removal or do it yourself and charge the neighbour for the cost.
You would also be entitled to go to court and ask for an order, called specific implement, to make your neighbour remove the growth.
I hope this helps.
Please leave a positive rating so that I am credited for my time.

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