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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I live in a row of 9 cottages. The cottage next door is a

Customer Question

I live in a row of 9 cottages. The cottage next door is a rented property and up until last year this had not been problem, with a long term tenant in situ. Last year the ten***** *****ged, and now I have a problem:
The boundary wall is our responsibility and we renovated this wall in keeping with the property. This wall is 3 ft high. Inside the boundary wall, on our land, we erected a lattice fence (total height 5 ft) to give us privacy in our garden. This was all done with the owner's knowledge and agreement. It does not act as a dividing fence to the properties. It sits entirely on our land. The tennant now is growing a climbing plant on our lattice fence, which i believe will choke all my clibing plants. I have written to the managing agents and expressed my concern that this was not a suitable plant for growing in the garden and would affect the plants I am growing up my fence. I have been told that the tenant is encouraged to treat the garden as their own, and that she is not contravening her tenancy agreement, and anything that grows through to our side of the fence we can cut back. My question is, if the fence sits firmly on our property can she grow up our fence or even on our wall? And if the answer is "no" how do I word the letter so they are in no doubt this cannot happen. Who do I write to> The managing agents or the owner, or can I write to both? If I approach the tenant, she can be verbally abusive.
In respect to the fabric of the rented property, we have renonvated the wall and erected the fence with full support and permission of the owner. However, the owner refuses to maintain fabric of the property. We have cojoining guttering all round the 9 cottages. Each cottage is responsible for maintaining their own guttering. All owner occupier cottages maintain and repair the guttering. The rented cottage, adjoining our property is in bad disrepair, and our surveyor has suggested this may affect our property if the owner continues to refuse to maintain their guttering and their property. I have written to the owner and the managing agents. The owner refuses to maintain/repair his property. Is there anything else I can do, to safeguard our own property?
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, the first thing to be aware of, is that any structure, such as a lattice fence, which is on your side of the boundary wall is solely your property. So, the only plants which can be grown on this lattice fence are your own plants. Not those of your neighbour or their tenant.
Expert:  Buachaill replied 1 year ago.
2. In law, the midpoint line of the boundary wall is the dividing line so far as the two adjoining properties are concerned. Accordingly, any plants growing on your lattice fence, which is on your side of the boundary, can be removed by you, as they are growing on your property.
Expert:  Buachaill replied 1 year ago.
3. There is no need to seek the permission of your neighbour or their tenant in order to remove items growing on your lattice fence. As owner, you may simply remove them.
Expert:  Buachaill replied 1 year ago.
4. As regards ***** ***** of the adjoining neighbour's property, I regret to say that you cannot force a person to maintain their property. What they want to do with their property is their own business. YOu cannot force them to do repairs or safeguard the guttering structure.
Expert:  Buachaill replied 1 year ago.
5. However, your neighbour will have a liability to you for any damage caused to your property by failing to maintain and upkeep their structure. So if the guttering gives rise to flooding on your side, then you can sue your neighbour. But the law does not enable you to force them to maintain their property.
Expert:  Buachaill replied 1 year ago.
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