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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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Neighbour has Ivy hedge between our two gardens, ivy has attached

Resolved Question:

Neighbour has Ivy hedge between our two gardens, ivy has attached it self to our trellis which we want to take down and replace with our own fence.
Neighbour expects us to pay for any remedial work done on his ivy hedge whilst replacing our fence?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alice H replied 2 years ago.
Good morning my name is ***** ***** I am happy to help with your question today. Is the ivy growing over the boundary onto your property?
Customer: replied 2 years ago.

Yes

Expert:  Alice H replied 2 years ago.
You are entitled, by law, to ask your neighbour to remove the ivy which has crossed the boundary and is growing on your side of the fence. If he will not do that you can trim it back yourself, to the boundary line, and offer him back the trimmings. There is no duty on you to pay for "remedial works" so long as you do not do any more than is necessary. In fact from a legal point of view the ivy growing over to your side and growing onto Thr trellis could amount to "private nuisance" and is actionable under civil law. In short, the duty is on your neighbour to keep the hedge trim and overgrowing but when it does you can trim it back to the boundary line.
Customer: replied 2 years ago.

Thank you,however we have been in this property over twelve years now and so are twelve years older, we don't want to have to trim back ivy hedge any more. Neighbour has offered to get a professional in to trim back when necessary but we don't feel we want to be beholden to him.We just want to be able to put a fence up in place of the trellis in question which is passed its best.

Expert:  Alice H replied 2 years ago.
There is nothing wrong with your neighbour getting a professional to do this so long as they bear the cost. Ultimately this really is your neighbours problem and they should be taking steps to sort this problem out. If this will not work out then I suggest you arrange for a professional to attend at times that suit you and pass the invoice to your neighbour. To keep relations friendly you should discuss this option with the neighbour and get an agreement, preferably in writing, before you start the work.
Expert:  Alice H replied 2 years ago.
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