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.