Overgrown Ivy?

[mrs.chappie]

My next door neighbour is having a conservatory built, right up to the boundary fence between our houses.

We have ivy growing up against our side of the fence. He has asked us to trim it, because when his conservatory is built, the ivy will grow over the top of his conservatory roof.

My hubby prefers the ivy to be high, as it affords us some privacy, also we have wild birds nesting in it.

I don't want to upset the neighbours and I hope we can reach a compromise. I wonder though, does the neighbour have any lawful right to tell us how high the ivy should be? He wants us to keep it level with the top of the fence.

Thanks for any help regarding this.

[cassa333]

If the fence is yours then he can ask you to trim it back but you don't have to. He can cut back any overhang or any that reaches his new wall but not go any further than the boundry.

Is it an ivy tree? or clinging ivy attached to the fence? If it is a large bush or a tree then as long as he only cuts back to the boundry he cannot do anything.

[Hammer]

Assuming the fence is yours (according to your deeds, and you maintain it as necessary):
Tell him you like the ivy and you intend to keep it, but if he wants to trim back any that grows over the boundary then you have no objections. He has no right to tell you how tall it should be, but he does have the right to trim back any that overhangs into his property.

He knew the ivy was there when he planned the conservatory and should not have assumed that you would be willing to get rid.

If the fence is his, that's a different story and he can insist that you remove it from his fence competely.

[mrs.chappie]

Thanks very much for replies. It is clinging ivy attached to the fence, but I don't know who owns the fence. I will see if I can find that out.

He has pointed out, he is not going to be able to get onto his conservatory roof to cut it down, therefore he wants us to "keep on top of it" and he has suggested we trim it every two weeks.

[Hammer]

Ignoring the legalities, I would be tempted not to mention ownership of the fence in case it is his, and would agree to lean over now and then and remove any that grows on the roof. No point falling out with your neighbours if you can help it. Every two weeks seems a bit excessive though.

[mrs.chappie]

Thanks very much for your help. Much appreciated.

[cassa333]

Definatley find out ownership of the boundry fence. His planned extention may encroach if it is yours!!

What ever you do don't give him permission to trim. A rescent case had a neighbour practicaly kill a plant by leaning over the fence to cut down the bush and there was nothing anyone could do as she had been given permission to 'trim'.

Every two weeks is a bit excessive but just agree to keep an eye on it.

In reality think how you would feel if the shoe were on the other foot. Keep it well managed and you should stay on friendly terms.

[mrs.chappie]

Thanks very much for your advice, cassa.