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Ivy damaging my property

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  • Emma41Emma41 Posts: 33

    Legally you can cut it back to the boundary and you legally have to offer them their cuttings back, not just toss them back over the fence! I imagine that annoyed them (though there's no excuse for abuse). Who would want their cuttings back to have to deal with? No-one. So usually you would dispose of them yourself, not chuck them back over the fence. Bit annoying that people don't keep their gardens in check and you have my every sympathy (I have multiple tress hanging over my fences that I have to trim back at my time and expense even though they aren't mine). Hope it gets resolved amicably.   

  • KT53KT53 Posts: 9,016

    Emma41 has summed up the cutting and returning points.

    The ivy will not directly rot the fence.  However, if you couldn't get at the fence to treat it because it's covered in ivy the fence might well have rotted over time.

  • BenDoverBenDover Posts: 488

    Be careful when getting into disputes with neighbours.  If and when you come to sell up and move house, you are required to provide information on disputes with neighbours.  If you don't and a purchaser then finds out or they have their own issues which identifies previous disputes, then they could sue you for not disclosing it.

    And I also agree with Emma41.  You can cut any overhanging growth from neighbours plants without the need to get permission (except if its a tree with a TPO).  However, you cannot simply drop or dump what you have cut off into your neighbours garden as you could be done with fly-tipping (yes, seriously true!).  You also cannot keep it, because you can be accused of theft.  So the only way around it is to offer it back and if they say no, then its up to you to dispose.  You can't just throw it over the fence and think its no longer your problem.  

  • Quote from a legal site....

    In law, any growth from a neighbouring garden that intrudes on your property can be cut back by you, but you must return any cuttings by leaving them in the neighbours garden. Ivy is a garden nuisance, it can destroy wooden fences and brickwork. 

    It then goes on to say, you must initially try to approach your neighbour to amicably sort out issue. If they are not cooperative and you decide to cut up to their property, you must again try to offer back if feel safe in doing so, or simply place back in to their garden or you could be charged with theft. 

    I have tried to sort this as nice as possible but they are the ones who have been causing the issues. I was so scared as they were so bad. The police came this evening and also agreed that I have every right to do what I did, I have done no wrong. They also went round to give them a warning. The horrible neighbours also did not let him in the house so he had to discuss on the door step. 

    The woman has also been watching me whenever I leave my house or going back in to my house from their upstairs window. She was also doing it whilst me and the police man was stood by my window as she can see in to my house from the window she has been spying on me from. Harassment 

  • Quote from a legal site....

    In law, any growth from a neighbouring garden that intrudes on your property can be cut back by you, but you must return any cuttings by leaving them in the neighbours garden. Ivy is a garden nuisance, it can destroy wooden fences and brickwork. 

    It then goes on to say, you must initially try to approach your neighbour to amicably sort out issue. If they are not cooperative and you decide to cut up to their property, you must again try to offer back if feel safe in doing so, or simply place back in to their garden or you could be charged with theft. 

    I have tried to sort this as nice as possible but they are the ones who have been causing the issues. I was so scared as they were so bad. The police came this evening and also agreed that I have every right to do what I did, I have done no wrong. They also went round to give them a warning. The horrible neighbours also did not let him in the house so he had to discuss on the door step. 

    The woman has also been watching me whenever I leave my house or going back in to my house from their upstairs window. She was also doing it whilst me and the police man was stood by my window as she can see in to my house from the window she has been spying on me from. Harassment 

    Hi there. Would you remember by any chance which legal site you got this information from? As I also have problems with ivy/neighbour's!! Thank you.
  • Hostafan1Hostafan1 Posts: 34,888
    edited July 2019
    I'm sorry but the information is NOT correct. 
    " but you must return any cuttings by leaving them in the neighbours garden."
    You must "offer" to return the cuttings, but just "leaving them in the neighbours garden" constitutes "fly tipping" at the very least.
    Your neighbour has every right to decline your " offer  to return " at which point it becomes your responsibility to dispose of them responsibly.
    Devon.
  • DovefromaboveDovefromabove Posts: 88,143
    I absolutely agree with @Hostafan1

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • Hostafan1Hostafan1 Posts: 34,888
    I absolutely agree with @Hostafan1
    very wise of you . :D
    Devon.
  • DovefromaboveDovefromabove Posts: 88,143
    Only when you’re right tho 😆 

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • Hostafan1Hostafan1 Posts: 34,888
    Only when you’re right tho 😆 
    fair enough  ;)
    Devon.
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