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Partition fence damaged by neighbour's unruly clematis

mel_hamiltonmel_hamilton Posts: 2
in Problem solving
My first time posting so massive apologies if this subject has already been discussed. During the recent high winds here in Devon, our trellis fence has blown down. I live in a terraced house and the fences to the left of the rear of each house is owned by that particular property. We handmade the trellis around 15 years ago to fit the wall, but ended up growing nothing up it. Our neighbours moved in about 10 years ago, and have since grown a clematis up it. Initially this wasnt a problem as it introduced a degree of aesthetic privacy. However this plant has never been pruned, and has trained itself in a top heavy fashion the length of the fence, and also partly around the archway above our garden entrance gate. This has resulted in our fence post buckling under the weight, and the trellis panels either side snapping. We're happy to replace the fence at cost to ourselves, but my question is are we in any position to ask our neighbour to refrain from training their plant up the replacement fencing? Sorry for long-winded post, just wanted to provide all facts.
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  • Lizzie27Lizzie27 Posts: 12,494
    Yes, your neighbours are not entitled to grow anything on your fence without your permission, although if you did not object when it was first planted you may not have much of an argument. If it is a Clematis Montana (which it sounds like) they are totally unsuitable for a wooden fence as they are far too vigorous and get top-heavy as you have found. You might like to suggest a smaller clematis to them.
    You are also entitled to cut back any of your neighbours plants that overhang your side of the fence so theoretically you could partially prune the clematis yourself.
    However you do run the risk of a neighbours dispute if you raise the issue and if not amicably resolved, would have to disclose the dispute if you want to sell your house.   
    North East Somerset - Clay soil over limestone
  • ObelixxObelixx Posts: 30,090
    Always delicate dealing with neighbours and boundaries.

    I suggest you go round and explain that you need to do repairs on your fence as a result of recent wind damage and ask if they would kindly cut back the excess weight and stems so you can get access or ask if you can do it.   

    Assuming they are receptive, tell them you don't want to have the same problem next time there are strong winds and ask them if the would kindly keep their plant trained below the top of the fence so it doesn't catch wind.  Maybe even erect their own posts and some wires to train their clematis.
    Vendée - 20kms from Atlantic coast.
    "The price good men (and women) pay for indifference to public affairs is to be ruled by evil men (and women)."
    Plato
  • mel_hamiltonmel_hamilton Posts: 2
    Thank you so much for taking the time to reply. I really would like to avoid neighbourly discord, and your comments have been extremely helpful. :)
  • TeTe Posts: 193
    @mel_hamilton I hope all will be resolved for you, can I suggest though you keep yourself a diary / photographs of events just for future reference 
    "There are a terrible lot of lies going about the world, and the worst of it is that half of them are true"
  • Lizzie27Lizzie27 Posts: 12,494
    Good luck!
    North East Somerset - Clay soil over limestone
  • delskidelski Posts: 274
    edited February 2021
    This got me thinking - my boundaries are joint responsibility, but if I attach things and grow a climber up my side, which results in the fence becoming damaged, would this then be my responsibility to pay for the whole thing?
    Last year one of my neighbour's neighbours moved in and they cut down some very mature conifers, revealing a fence in disrepair. They then wrote a letter to the people they share boundaries with saying something like "as we are jointly responsible for the boundary, we will be contacting you in due course about costs". My thought on this is that it was their fault the fence the fences needed replacing because they ripped out the conifers, and that the conifers on their property my have damaged the fences behind over time and therefore I'd refuse to pay.
  • delskidelski Posts: 274
    philippasmith2 said:
    @delski You may have a point but with the scenario you describe, either neighbour would  be hard put to prove it one way or another.  Joint reliability usually = joint cost.
    I just feel like it's not as black and white as that? Proving it doesn't really matter unless you're taking it to court which would only happen if the discussion about the fallen/damaged fence went sour. For the sake of a fence I'd hope people were sensible enough not to bother, but indeed you hear it all the time.
    Fair enough if the wind had blown down the fence. Happy to share the cost for that.
  • BenCottoBenCotto Posts: 4,718
    If the conifers were “very mature” how long have they been there? 30+ years? Surely that is sufficient time for the neighbours to discuss their impact and to say that, after 30 years, the fence has paid for its keep and a new one could be considered. Civilised discussion, if both parties are reasonable, is always better than suppressed resentment.
    Rutland, England
  • delskidelski Posts: 274
    Thanks both. Good to know that I can grow whatever I want up the fence and get my neighbour to pay half if it should ever become damaged.
  • FireFire Posts: 19,096
    edited February 2021
    A nice cup of tea and a sit dow, seems to be the order of the day.

    I grew a montana up my neighbour's fence (with his express permission). The clem acted like a sail and took the fence down. I paid for a new fence.
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