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Neighbour advice

FashionFashion Posts: 5,017
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Had the garden cleared of leaves and stones 2 days ago, since then my neighbour's got someone to cut down ivy leaves that were growing on the wall below the roof from our side into hers (we didn't plant the ivy).

Am just wondering where I stand legally?

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    scott789sscott789s Posts: 1,282
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    Ivy is an invasive pest, does it really matter that much.
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    FashionFashion Posts: 5,017
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    Hi scott, only annoys me because this is the second time she deliberately doesn't bother telling us she's getting someone to come in our garden and cut the ivy down. Instead waits until after I've had the garden cut or cleared.
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    duffsdadduffsdad Posts: 11,143
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    Tell her she isn't allowed on your property without permission. Is it not the case she can only cut what is on her side from her side?
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    babinabababinaba Posts: 5,447
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    Isn't it like trees? You can only cut down what's hanging over on your side if not your plant/tree? Can't believe she had the cheek to get someone to go into your garden? Isn't that trespass? Sure someone will be along to give your rights
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    RandomSallyRandomSally Posts: 7,072
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    Did they actually come in the garden to do it? If not then there is no issue legally as she can cut back stuff growing from yours into hers.
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    stud u likestud u like Posts: 42,100
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    Fashion wrote: »
    Hi scott, only annoys me because this is the second time she deliberately doesn't bother telling us she's getting someone to come in our garden and cut the ivy down. Instead waits until after I've had the garden cut or cleared.

    She has trespassed.
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    FashionFashion Posts: 5,017
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    Thank you for the replies, yes she got one of the neighbours to come in the garden and start cutting down the ivy. The ivy was growing from our side partly into hers, obstructing 1 of her bedroom windows slightly.
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    lemonbunlemonbun Posts: 5,371
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    Fashion wrote: »
    Hi scott, only annoys me because this is the second time she deliberately doesn't bother telling us she's getting someone to come in our garden and cut the ivy down. Instead waits until after I've had the garden cut or cleared.

    Perhaps she only sees the roots of the ivy once you have cut your garden down? She has every right to deal with ivy covering her house which is coming from your property. Perhaps you would prefer that she got solicitors or her insurance company involved?

    We deal with ivy coming from a rented property next door - we kill it regardless if it means going into their back yard.
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    FashionFashion Posts: 5,017
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    Not the case lemonbun, the ivy root's in clear view because it's mixed in slightly with the concrete. She's a nuisance because this is the second time she's not bothered knocking the door and saying when she plans on cutting the ivy, instead waiting until after she sees the garden's been cleared or trimmed.
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    [Deleted User][Deleted User] Posts: 625
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    Did you speak to her about this after she did it the first time?

    Your best bet would be to get legal advice either via a solicitor or the CAB.
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    Babe RainbowBabe Rainbow Posts: 34,349
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    Strictly speaking, she's trespassing.

    But think about it before you make a big thing of it.

    Is she actually doing any damage in your garden ? Is she able to see anything that you don't want her to see whilst she is there ? Is she leaving the gate open and letting your dog out ? Would you rather trim the ivy yourself so that it doesn't overhang into her property and, if so, why don't you do so before it gets to the stage that she feels she needs to do it herself. If I were you, I would anticipate next time and keep my plants under control so that my neighbours have no excuse to come into my garden.
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    FashionFashion Posts: 5,017
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    Tbh I would've seen to the ivy eventually, it's just we're in the process of moving so have been getting the house in order first. What started this off was when she had building work done in her garden, in the process leaving building materials in our garden and tearing our garden gate off...all of this without asking permission
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    FashionFashion Posts: 5,017
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    MagiLisu wrote: »
    Did you speak to her about this after she did it the first time?

    Your best bet would be to get legal advice either via a solicitor or the CAB.
    Not directly but she heard my mother shouting at the neighbour cutting it down, because she nor he let either of us know. After that I alerted the council
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    MaxatoriaMaxatoria Posts: 17,980
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    Just get a good lawyer and let them sort it out....these days its the only way
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    lemonbunlemonbun Posts: 5,371
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    Fashion wrote: »
    Tbh I would've seen to the ivy eventually, it's just we're in the process of moving so have been getting the house in order first. What started this off was when she had building work done in her garden, in the process leaving building materials in our garden and tearing our garden gate off...all of this without asking permission

    You do realise that you have to tell the buyer of your house about neighbour disputes?
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    Babe RainbowBabe Rainbow Posts: 34,349
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    Maxatoria wrote: »
    Just get a good lawyer and let them sort it out....these days its the only way

    Yes that's all very well but ...

    If the OP owns her house and there is any possibility that she might want to sell in the forseeable future, she should bear in mind that she will have to declare any disputes with neighbours. So it is best that she can honestly say that there haven't been any. If she can sort this out without recourse to upset and discord, then she would be best advised to do so.
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    FashionFashion Posts: 5,017
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    What concerned me also was the 'lady' allowing her son to climb the ladder (in our garden still) to help the gardender remove the ivy. Bearing in mind if any accidents happened.
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    NormandieNormandie Posts: 4,617
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    If the ivy is growing from your side, OP, into the neighbouring garden, isn't the simplest solution to stop / cut off any ivy that is leaving your premises. Then they don't have to get "your" ivy off their walls.

    Or am I missing something fundamental here.
    Fashion wrote: »
    The ivy was growing from our side partly into hers, obstructing 1 of her bedroom windows slightly.
    You know, I reckon she's posting on another forum in another universe complaining about the %&!*@$! neighbour who won't control the invasive plant that is growing from that garden to hers, up her walls and will obscure a bedroom window if she doesn't take steps to prevent it.
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    Babe RainbowBabe Rainbow Posts: 34,349
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    Fashion wrote: »
    What concerned me also was the 'lady' allowing her son to climb the ladder (in our garden still) to help the gardender remove the ivy. Bearing in mind if any accidents happened.

    Yes that is a consideration, I agree.

    As I said, my advice ( especially since you are not unaware that there is an issue ) would be to make sure your plants are always kept under control so they do not intrude on your neighbour's property and she has no excuse to come into your garden.
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    FashionFashion Posts: 5,017
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    lemonbun wrote: »
    You do realise that you have to tell the buyer of your house about neighbour disputes?
    Council property :)
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    Babe RainbowBabe Rainbow Posts: 34,349
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    Fashion wrote: »
    Council property :)

    Does that smile indicate that you don't actually care if you are upsetting your neighbour cos you don't actually have to accept any responsibility ?

    Cut your own hedges in future, so she doesn't have to.
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    FashionFashion Posts: 5,017
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    Just being civil, remind me not too in future.
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    Babe RainbowBabe Rainbow Posts: 34,349
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    Fashion wrote: »
    Just being civil, remind me not too in future.

    I'll take that as a "yes" then.
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    lemonbunlemonbun Posts: 5,371
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    Fashion wrote: »
    Council property :)

    In which case, her coming onto 'your' property is not an issue that you can legally resolve. Take it up with the council (your landlord) if you are not happy.
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    FashionFashion Posts: 5,017
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    Thanks lemonbum :), just riled me so much at the time. But got a gardener coming in 2 weeks so will remove the ivy.

    I always take care of the garden, common courtesy by knocking someone's door and letting them know some work will be done doesn't cost a thing. So hardly a case of upsetting a neighbour or refusing to accept responsibility.
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