ChatterBank0 min ago
Climbing Plant Damage
2 Answers
I have a wall climbing plant in my garden which is encroaching on a neighbours property. I have trimmed it back to the property line on my side, but have not touched the neighbours side.
Am I responsible for any damage caused to the neighbours property, or is it their responsibility to clear their side?
Also, if I do not clear their side, am I responsible for any damage to the property as a resuly of the plant overgrowing?
If I am responsible for damage, can I clear the neighbours side without asking permission?
Am I responsible for any damage caused to the neighbours property, or is it their responsibility to clear their side?
Also, if I do not clear their side, am I responsible for any damage to the property as a resuly of the plant overgrowing?
If I am responsible for damage, can I clear the neighbours side without asking permission?
Answers
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I find the Garden Law website a particularly fruitful (no pun intended) source of information in this area.
Look here under trees - and the bottom of the section about roots.
http://www.gardenlaw.co.uk/trees.html
I am not 100% sure, but I suspect that the situation about roots growing under a boundary and causing damage is a parallel example to your situation about wall climbing plants doing the same above ground.
If that is true, you are not permitted to legally go over to cut it back without permission, however you could be sued for damages under the 'nuisance' legislation.
As always it is best to try and get an amicable solution to this - by talking to neighbour and offering to cut down before it causes them an issue.
If you don't get a better answer from AB, you could ask your own question on the garden law forum.
Look here under trees - and the bottom of the section about roots.
http://www.gardenlaw.co.uk/trees.html
I am not 100% sure, but I suspect that the situation about roots growing under a boundary and causing damage is a parallel example to your situation about wall climbing plants doing the same above ground.
If that is true, you are not permitted to legally go over to cut it back without permission, however you could be sued for damages under the 'nuisance' legislation.
As always it is best to try and get an amicable solution to this - by talking to neighbour and offering to cut down before it causes them an issue.
If you don't get a better answer from AB, you could ask your own question on the garden law forum.
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