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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26470
Experience:  Senior Partner at Berkson Wallace
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A neighbours ivy is encroaching onto my terrace Grade 2

Customer Question

A neighbours ivy is encroaching onto my terrace Grade 2 listed house. After written attempts to ask them to remove it, they haven’t and it is damaging the stonework. What are my options?
JA: Where are you? It matters because laws vary by location.
Customer: Bath, Somerset
JA: What steps have you taken so far?
Customer: written to the neighbour and a costly twice yearly removal of it from my walls. It is a 5 storey high building so not without its issues!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 15 days ago.

How long have you lived there and was the ivy there from then?

and does this neighbour contribute to the removal?

Customer: replied 15 days ago.
Good morning. How do we proceed?
Customer: replied 15 days ago.
I don’t live there, I am the landlord amend no, he has never removed the ivy. It is growing up from his basement
Customer: replied 15 days ago.
Can i remove the trunk of it without permission, ?
Customer: replied 15 days ago.
Are you still there?
Expert:  Stuart J replied 15 days ago.

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

Can you please explain the layout of the building because you say it’s growing up from his basement. The basement in this building? Is it flat send you the freeholder?

The basic principle is that you are entitled to remove any growth which trespasses onto your property provided you don’t kill the plant. If you can’t be bothered or it is impractical for you to do it, you can get contractors in to do it and charge him for the privilege taking him to court for those costs if necessary.

You need to write to him and tell him that unless he removes this by, say, 4 PM on Friday, 20 May 2022, you will get people into remove it and you will take him to court for the costs. Further, in any event, you reserve the right to charge him for any damage to the brickwork and putting it right.

It’s as simple as that because it is so lazy that he can’t be bothered doing it, then he’s going to have to pay for it.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 14 days ago.
Stuart, thank you for the reply. I am about to head into another meeting now, but let me digest your answer and I will return accordingly. Best regards, Tessa
Expert:  Stuart J replied 14 days ago.

No problem. In your own time. I will pop by later.

Expert:  Stuart J replied 14 days ago.

It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. Can I help you any further with this? I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Expert:  Stuart J replied 14 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart