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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 822
Experience:  Experienced solicitor
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JA, On 28/12 I discovered my neighbour had removed a large

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Hi JA, On 28/12 I discovered my neighbour had removed a large amount of ivy from the side of his house and left it in my garden. His house wall forms the boundary of the garden, and according to my property description document it is his to maintain. He is entitled to access via my property to perform maintenance. To date this ivy still remains in my garden.
On 30/12/ I received a 'Without Prejudice' letter from him alleging a variety of things. This included an allegation that the ivy growing up his wall has assisted rat access and caused damage to his property. This ivy had been there for years!!
I have not contacted my neighbour since these events. Can you adavise waht I should do now??
Thanks in Advance
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Has he made any specific threats in his letter?
Customer: replied 2 years ago.
No. No threats, just allegations. I could scan the leeter and send it to you if that would help.
Yes do that. Also, where is the ivy rooted ie whose land?
Customer: replied 2 years ago.
The ivy is rooted in my land.
Customer: replied 2 years ago.
Will also send relevant photos
Ok thanks for that. Look forward to the photos.
Customer: replied 2 years ago.
cant seem to send a photo by this route.... Can I email directly??
Direct emails are not possible I am afraid. It is clear there is a longer problem here than set out in your initial question. There is no threat of legal action and no demand for compensation although some ill feeling is clear.
The basic position is that if the ivy is rooted in your garden then you will need to make sure that it does not cause harm to his property. If it truly is a route for animal infestation then you should chop it back to avoid potential liability,
If it encroaches on his land/buildings he can chop it back to your boundary if he wishes, or yo can keep it trimmed so that it doesn't leave your land.
If your plants cause damage to his property than he may be able to seek compensatin against you.
Customer: replied 2 years ago.
Ok... I take the point. Looks like the responsibility is ultimately mine.... The thing is the ivy has been there for years right up the gable end of his house and on to the roof and he has allowed that to happen. I have been here 4 years and prior to that the situation was the same with the previous owner. Is there any onus on him to have advised us , maybe in writing to cut it down??? Also... Should I reply to this letter or just try and sort things out verbally??
1 if the nuisance was in place before you arrived then that might well be a complete defence.
2 whether to reply or talk is a judgement call for you to make. Most lawyers would say put it in writing for certainty and to have a record but letters can be a bit confrontational and not very neighbourly.
Customer: replied 2 years ago.
Thank you very much. Point 1 is a great relief! I will be talking to my neighbour on monday. I'm happy to close this off now and start or new thread Monday if required. Or... leave it open until after Monday just in case anyhthing crops up. Which would you prefer??
If you rate this answer it will not close the question and I will continue to answer follow up questions.
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