I've read a few articles about neighbours ivy climbing up other peoples walls and fences and there is a lot of conflicting advice and uncertainty about what can be done to stop the nuisance ivy. In a nutshell, no one has the right to grow or attach anything to your property, which certainly includes ivy growing on your walls and fences. The way to deal with this is to go through a process.
Speak to the neighbour and advise them that their ivy (or other plant) is growing on your wall/fence and you need them to remove it and stop it happening again.
In the absence of a positive outcome, send or give them a letter stating their ivy is growing on your property from their land and you need them to remove it (within a certain time, I suggest 1 month) and stop it happening again. Also state that if they do not take this action you will instruct a structural surveyor to assess the problem and get estimates for the damage it has caused and send them the bill for both the surveyor and the damage caused.
Instruct the surveyor, pay their bill and read their report on the damage.
Get quotes for repairing the damage.
Write to the neighbours again advising what you have done and request/demand they pay you for the cost of the surveyor and the cost of the estimated repair cost, giving them 14 days to pay or you will issue a claim in the small claims court for those costs (assuming it is less than £5,000). For more than £5k see a solicitor.
Day 15, issue a small claim. Using MCOL (money claims online) is very efficient.
Have your day in court knowing you are right and they will be ordered to pay all your costs and the damage repair costs.
You may not receive an order for them to actually remove the ivy, BUT it is safe to assume they would because you would do it all again if they repeated their selfish stupidity and the next time you could claim punitive damages for nuisance, which it would be accepted they were in full knowledge knowing what they were doing was a nuisance as per the lost court case. I made a claim on this very basis as the neighbours ivy damaged my building (it was an old pig sty) roof and they were mightily horrified at the costs and how wrong they were, but I did warn them in a very civil way and they chose to be arrogant and silly, so it cost them and I now have a new roof on an old pig sty and no more ivy. Don't be bullied, be transparent and honest, but press on and get fair play.
Further to my last comment; any abuse you receive, just call the police. nothing gives them a legal right to be abusive to you especially if you are conducting yourself in a legitimate way. It's sometimes surprising what effect calling the police has, it can happen that these people have something quite unconnected to your issue to hide from the law. In a similar situation where the police were called because the neighbour came round and made a scene,the police found an illegal cannabis grow and 2 unroadworthy cars which were confiscated.
Posts
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
In a nutshell, no one has the right to grow or attach anything to your property, which certainly includes ivy growing on your walls and fences. The way to deal with this is to go through a process.
- Speak to the neighbour and advise them that their ivy (or other plant) is growing on your wall/fence and you need them to remove it and stop it happening again.
- In the absence of a positive outcome, send or give them a letter stating their ivy is growing on your property from their land and you need them to remove it (within a certain time, I suggest 1 month) and stop it happening again. Also state that if they do not take this action you will instruct a structural surveyor to assess the problem and get estimates for the damage it has caused and send them the bill for both the surveyor and the damage caused.
- Instruct the surveyor, pay their bill and read their report on the damage.
- Get quotes for repairing the damage.
- Write to the neighbours again advising what you have done and request/demand they pay you for the cost of the surveyor and the cost of the estimated repair cost, giving them 14 days to pay or you will issue a claim in the small claims court for those costs (assuming it is less than £5,000). For more than £5k see a solicitor.
- Day 15, issue a small claim. Using MCOL (money claims online) is very efficient.
- Have your day in court knowing you are right and they will be ordered to pay all your costs and the damage repair costs.
You may not receive an order for them to actually remove the ivy, BUT it is safe to assume they would because you would do it all again if they repeated their selfish stupidity and the next time you could claim punitive damages for nuisance, which it would be accepted they were in full knowledge knowing what they were doing was a nuisance as per the lost court case.I made a claim on this very basis as the neighbours ivy damaged my building (it was an old pig sty) roof and they were mightily horrified at the costs and how wrong they were, but I did warn them in a very civil way and they chose to be arrogant and silly, so it cost them and I now have a new roof on an old pig sty and no more ivy.
Don't be bullied, be transparent and honest, but press on and get fair play.