How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Property Law
Satisfied Customers: 12074
Experience:  30 years experience in property law.
Type Your Property Law Question Here...
JGM is online now

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: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years 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.