Tree and ivy removal from our garden- neighbours complaining.

[lulu3abby 10]

Hi all, hope someone could point me in the right direction.

 

We have two thorny trees and a very large ivy growing by our back wall that joins a neighbours land. The branches and ivy overhangs our neighbours land

They are on our land, but are in between a brick wall and a now rotting wood fence. Until the ivy pushed through the fence, we thought the plants were on the neighbours side. Clearly just the previous owners covering up yet another thing....

 

Went round to neigbour and told them we are going to remove all the plants and replace fence- if anything falls on their side, feel free to throw it over onto our side.

 

This was met by a rather strong and colourful reply. She said she doesnt want the ivy gone and as some if it is growing on her side of the wall, she will sue the pants of me if i remove it.

 

Anyone know if she has a leg to stand on as the original plants are on my side?

 

I did offer to take some cuttings and give her some potted ivy- dont want to know the responce to that..

 

Thanks if anyone can help or had anything similar happen.

[IT.Guy 10]

Don't really see a problem, as long as you are not digging up roots from there side and only on your side then you can do what you like.

They will just have face on with you for the rest of the time you are living there from what I can tell.

[Mayfly182 10]

Hi,

I'm not a legal expert but I have looked into this before.

Legally any plant which starts growing on your side belongs to you - including the bits which are on your neighbour's side. They have a right to cut anything off which is on their side but not to keep the bits. For example if it was an apple tree they could cut off overhanging branches but not legally keep the apples - they should offer anything they cut off your tree back to you. Legally they don't have a leg to stand on if you just cut back on your side as the whole plant is yours - but be careful not to cut beyond the boundary. I can't find a guide to your exact problem but there's a good general guide here - http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

 

Normally I'd say try to find a way to keep your neighbours happy if possible, but it sounds like these are determined to be angry with you. Some people really will cut off their noses to spite their face.

[thetreeteam 10]

Hi all, hope someone could point me in the right direction.

 

We have two thorny trees and a very large ivy growing by our back wall that joins a neighbours land. The branches and ivy overhangs our neighbours land

They are on our land, but are in between a brick wall and a now rotting wood fence. Until the ivy pushed through the fence, we thought the plants were on the neighbours side. Clearly just the previous owners covering up yet another thing....

 

Went round to neigbour and told them we are going to remove all the plants and replace fence- if anything falls on their side, feel free to throw it over onto our side.

 

This was met by a rather strong and colourful reply. She said she doesnt want the ivy gone and as some if it is growing on her side of the wall, she will sue the pants of me if i remove it.

 

Anyone know if she has a leg to stand on as the original plants are on my side?

 

I did offer to take some cuttings and give her some potted ivy- dont want to know the responce to that..

 

Thanks if anyone can help or had anything similar happen.

 

You are quite right with your interpretation.

Normally its the other way round, your tree/shrubs etc are annoying them and they want it cut.... if that was the case,as pointed out, they must give you back any removed items.

You have spoken to the neighbor, told them of your intention. As long as the thorny things are not protected or over 75mm in diameter at chest height, that if you are in a conservation area and that you own them and the land its on....its yours to do as you will!

Be carefull about touching anything which is rooted or clearly on their land... this belongs to them.

Steve

The Tree Team

[lulu3abby 10]

Thanks for all the replies, another neighbour kindly informed that the 'lovely lady' has a landlord and doesn't own the property as she had shouted.

The landlord is a nice guy- and all will be sorted. I have a feeling this might be the straw that broke the camels back in regards to her tenacy renewal.

 

Thanks again!