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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live in a detached house but one side of our house runs

Resolved Question:

Hi
We live in a detached house but one side of our house runs along the boundary of our neighbours' garden. They are growing ivy up the side of our house. It is growing rapidly up the wall and starting to grow into the tiles on the side of the house. They're very unreasonable people and would not remove it if we asked them to. Where do we stand legally, please?
Thank you.
Kind regards.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you

You mean legally in terms of removing it please?

Customer: replied 1 year ago.
Hi Ash
Yes, we would like to remove it before it causes damage, if it hasn't already, to our brickwork and tiles/guttering, etc.
Thank you.
Kind regards.
Julie
Expert:  Ash replied 1 year ago.

You can remove anything on your property. So you can cut the ivy back wherever it is on your land or property.

There is no legal consequence doing this. But you need to offer the trimmings back.

But you can cut it, no problem.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hi Ash
The problem is that we would like to remove all of the ivy that they are growing up the side of our house but that would mean gaining access to their garden which they will not agree to. I've attached some pictures so you can see what I mean.
Kind regards.
Julie
Expert:  Ash replied 1 year ago.

Thats ok - if they refuse you can get a Court order under the Access to Neighbouring Land Act 1992.

They can't stop you getting access.

Does that clarify?

Customer: replied 1 year ago.
Thank you, Ash
We just need to clarify whether we can legally ask our neighbours to remove the ivy and, if they refuse, seek means to remove it ourselves? Basically, are they allowed to grow ivy up our property without our permission and are we within our legal rights requesting its removal?
Thank you.
Julie
Expert:  Ash replied 1 year ago.

Yes you can ask them to remove it and if they dont, you can remove it.

If they do not give permission to go into their land you can get a Court order.

Does that clarify?

Customer: replied 1 year ago.
Very helpful, Ash. That does clarify the situation. Thank you.
Kind regards.
Julie
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ash
Yes, of course I will do that.
Thank you again.
Kind regards.
Julie