Friday, February 3, 2012

What is the legal position over a neighbours Ivy growing in your garden?

Our neighbour's Ivy has grown over our fence so we trimmed it back to the top of the fence. As we live in a terrace our other neighbour to the right (not the Ivy neighbour) has complained we have killed off the Ivy. If it is our garden, surely we can cut it back to the top of the fence?

What is the legal position over a neighbours Ivy growing in your garden?
legally you have a right to trim any foliage which comes into your property line including limbs from trees. trimming at the end would not!! kill a well established and healthy ivy. maybe your neigbour should check if it was killed by an out side factor, vine weevils are rife at the moment and they kill the roots of plants so show no evidence

hope this helps
Reply:Some good answers, if it grows on your side of the boundary it is trespassing, so you cut it back.

Best to discuss it with your neighbor, he might be unaware that it is causing you distress, very often neighbors actually like ivy growing over a wall, as it saves them the trouble of looking at an ugly wall, or of having to paint it.
Reply:You are entitled to cut it back, but it is not your property and legally you should offer the cut ivy to the neighbour who owns the plant. You don't kill Ivy by trimming the ends off, that's just wrong opinion. Best to talk to neighbour of Ivy though as disputes of a serious nature can escalate from such little issues
Reply:If you cut it you must give it back to your neighbour as it is his property ,it is nothing to do with your other interfering neighbour.The ivy was growing in your neighbours garden not yours,you can only trim off that which is falling over your fence,but ,if in doing so, you kill the plant,then you are in trouble.Its the same with fruit trees,but the overhanging fruit belongs to you.
Reply:It is something i would do,Ivy is a nuisance plant.As for the neighbour complaining give him/her the cuttings so they can grow their own.
Reply:I would well imagine it will be the same as trees. If it hangs over your property line you can remove it. Tell your other neighbor cutting ivy back does not kill ivy. However it has been know for a neighbor to tell a nosy neighbor they are incorrect for makings an assumption which is incorrect.

Check with the local ordinances in your area.

Then be a nice neighbor and tell them you cut the ivy back. Who does the fence belong to

or was it a jointly paid fence?

Example of good neighbors

I ask my neighbor if she would mind if I cut the limbs off of her walnut tree because I was getting too old to pick up the walnuts anymore.

She had all of the trees cut down the arborist said the trees were in bad shape. We had a severe ice storm and no power for over a week. She was in the hospital and was so happy to not have to contend with all of the damaged trees.
Reply:you can trim back anything on your side
Reply:You are correct. In law, any growth from a neighbouring garden that intrudes on your property can be cut back by you, but you must return any cuttings by leaving them in the neighbours garden. Ivy is a garden nuisance, it can destroy wooden fences and brickwork.
Reply:yep, i asked my neighbor about it it was nice of me and she told me it was on my property and if i didnt want it to just put it back on her side
Reply:Your rights are determined by local deed restrictions and may not reflect your ideas of common sense. Better check them out.
Reply:Yes, you can cut/trim anything growing over a fence into your garden and I believe you can throw the cutting into the garden where it came from.
Reply:It sounds like your neighbour is trying to start a row. But you are in the right and they are in the wrong. When my neighbours apple tree grew over our fence we waited untill it grew some apples. We ate the apples and cut the bruches too.
Reply:If its on your land you can cut it. Same if you have a over hanging tree. If they are still complaining, Say that you will get the council involved.
Reply:if its on your side you can do what you want to it. Fight the power!
Reply:If its the sameas tree branches whatever overhangs your property bounderies you can chop off, but you must give the branches back. perfectly fair to me.
Reply:I wish you could kill ivy by clipping it back,I cant get rid of mine for love nor money,it just carries on what ever we do,we have even dug up the roots or so we thought,2 months later ,back as vigorous as ever.



What's it got to do with the other neighbour anyway.
Reply:If it crosses into your property you can cut it back to the property line. Try talking to your neighbor first. Otherwise when your cat jumps into their yard they won't put a bullet in it.
Reply:yes, you can.
Reply:Yes you can but it is also important to get along with your neighbours.
Reply:yes you can cut it down on your side but the cruncher is they actually own the clippings that you snipped off its there responsibility to trim it anyway and if you have warned them you would probaly be in your legal right to have a contractor to trim it and charge them hassle i know but depends how far your willing to go as to the complaining neighbour its really non of his business and should keep there thoughts to there selfs etc good luck you could always move
Reply:I should think you are within your rights to cut the ivy if its in your garden. I don't see how trimming it will kill it, thats rediculous! The other neighbour should keep his/her nose out and stop twitching the curtains. If you're at all woriied, go round and see the ivy-growing neighbours and see what the crack is. I bet its not dead at all!
Reply:I agree. If it's growing on your property, do what you will with it.
Reply:Anything growing into your property from a neighbouring property is legally yours to do whatever with, it is however illegal to throw anything you cut off back into the neighbouring property.
Reply:Yes you should be able to. Just check with your neighbors first.
Reply:what is on your side of the fence u can do with as u please.
Reply:Actually...No!

The plant remains the property of your neighbour and you have damaged their property if you cut it back without their permission, which is a criminal offence.



This sort of case arose when an apple tree grew over a wall and the neighbour took the fruit that grew on his side. The owner of the tree sued him and won because the court declared that the owner of the ground where the plant was based was the owner of the entire plant and its issue!


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