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Fence and Ivy Issues

jcgeneral18jcgeneral18 Posts: 3
in Problem solving
My neighbour has for many years had ivy planted in her garden against her fence. Over a period of some 20 years this has grown over into our garden. We only moved into the property 18 months ago so all historical information. However in the last 6 months she has chopped down a 30ft tree which partly overhung our garden without even mentioning it to us and we have now discovered that she has cut all the ivy out in her side again without the courtesy of mentioning it to us. This is causing 2 issues. One the ivy is now dying on our side and Two the fence underneath (wood) has been exposed and is rotten and breaking up and falling over onto our garden. We have tried speaking with her but she denies it is a problem and has accused us of harassing her. Can I throw the dead ivy back in her garden and what can we do about the fence - legally. We currently cannot use this part of the garden as it is unsafe. Thank you. 

Posts

  • GreenbirdGreenbird Posts: 237
    I don't think she'd have any obligation to notify you of cutting down her tree or ivy, other than common courtesy. 

    Regarding the fence, your existing boundary agreements should be outlined on your deeds. If it's your fence, you'd likely be responsible for repair because if Ivy has grown into your garden for some 20 years, the fence has likely been up for a lot longer and may becoming to the end of its lifespan. There's no clear indication that the damage was done by the Ivy.

    If you can't come to a mutual agreement, either seek legal advice (which I wouldn't recommend for something pretty trivial in the grand scheme) or rip out the fence and plant a hedge. Much better anyway.

    Oh, and just bin the Ivy, everyone has a 'greens bin'.

    All depends who the fence belongs to.
  • jcgeneral18jcgeneral18 Posts: 3
    Thanks for your reply.  Yes it was really a courtesy issue regarding the tree and also the ivy as this greatly impacts on our garden. However the fence/boundary is hers and states this on our deeds. If we now pull the rest of the ivy off on our side which is dying at an alarming late rate then it is quite obvious from the state of the wood underneath that the fence will not remain erect for long. We have tried to be friendly with her but to be accused of harassing when we were going to offer 50% towards the cost of a new boundary fence does not constitute harassment in my book. She now does not want to know about the issue.  Our problem is that on our side of the boundary is our vegetable garden and subsequently we cannot plant anything there or do any preparatory work for this coming year as we consider it unsafe to do so. We are seriously thinking of erecting our own fence but the issue then arises as to what happens if her fence then falls down onto ours as she will undoubtedly refuse to cooperate in any way. We really are in something of a catch 22 situation and would ideally like to work it out amicably. 
  • GreenbirdGreenbird Posts: 237
    If it's her fence then that's a bit different, especially if she's being dismissive. She should pay for the repairs, but who actually enforces this stuff? Nobody in my experience. 

    Your options are Civil Mediation Service or Jude Rinder (haha)

    I can only advise taking photos of everything and maybe sending written/recordable correspondence to your neighbor.






  • Lizzie27Lizzie27 Posts: 12,494
    I would put up a new fence your side as close as you can to the existing. I assume it's only the usual 6 x 6ft stuff? That way, if the old fence fails, it's unlikely to damage yours. It's most probably what she wants you to do anyway, as that way she gets a new fence without paying for it. You do not have to notify her if it's on your land. There's not much else you can do, I'm afraid, it's a perennial problem that crops up a lot on the forum. Oh, and I would weedkill the ivy as well, using something strong like Brushwood killer. 
    North East Somerset - Clay soil over limestone
  • jcgeneral18jcgeneral18 Posts: 3
    Thanks guys for your advice. We are thinking of removing the ivy and purchasing a new fence ourselves we shouldn’t lose much spacewise. Just find it sad that people can’t be more cooperative in this day and age. Thanks again. 
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