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Category: Property Law
Satisfied Customers: 33517
Experience:  Barrister at Self Employed Barrister
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I changed my fence which was damaged by the weight of Ivy bush

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I changed my fence which was damaged by the weight of Ivy bush growing on both sides. The plant was already there since I moved in 30 years ago. The contractor cut the hedge as much as he could but since their garden is higher than mine by 50cms it was leaning over the fence and broke two of the posts. I asked the tenant to inform the landlord that I was carrying out the work which he ignored. We went ahead and cleared as much of the plant as we could and dug up the very thick roots that had damaged my fence. Next I get the tenant shouting and raving that I had to ask his permission and that I had to get the gardener to go over and clean up the rest of the plants. Do I have the right to refuse since he was very rude and intimidating? I got the landlords number and was told to email them with pictures of the collapsed fence but they say that since the fence is mine, the ivy had wrapped around my fence and I have to clean up their side. Where do I stand legally and can I refuse and ignore their request?
You do not have an obligation to clear up their side of the fence. I would be minded to simply ignore their request under the circumstances. Clearly you have to be careful when removing or repairing a fence and should not damage their property. Happy to discuss. Please rate positive.
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