Our Litigation Associate Solicitor Emily
Walker has featured in The Sunday Times providing ‘Home Help’ to
a reader who asked for advice on a neighbour dispute involving a shared fence.
The
reader explained: “My neighbours have a large ivy growing on our shared fence.
Every year I spend hours cutting and clearing it. Can I get them to clear it or
at least manage it so I can get on with the rest of my gardening?”
In
response, Emily commented: “If the ivy is encroaching onto your land and the
neighbour will not cut it back, you are entitled to cut it back where it is on
your land/property. Be careful not to damage the ivy or remove it in its
entirety as this could be deemed as trespass or interference with the neighbour’s
property.
“If
the fence belongs to you, or your neighbour is jointly responsible for the
fence (which will depend on what the title deeds to the properties say, or who
purchased the fence), then, if the ivy is damaging the fence, your neighbour should
pay to rectify the damage caused by the ivy or pay towards the maintenance of
the fence.
“If
your neighbour does not co-operate, dependent on the extent of damage to your
property, you may be able to seek an injunction against your neighbour or
damages through the court. The cost of doing so would likely be more substantial
than the time and costs incurred in clearing the ivy yourself.”
The full
article featured in The Sunday Times on Sunday 12 June 2022.
For
further advice on contact our
specialist Dispute Resolution team, either by emailing us at info@ramsdens.co.uk or
calling us on 01484
821 500.
The above article is for illustrative purposes only and does not constitute legal advice.
It is recommended that specific professional advice is sought before acting on any part of the information given.
Furthermore, the information contained is accurate and up to date as of the date of publication.
Readers should be aware that legislative frameworks may have been amended since the original date of publication.