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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32826
Experience:  award winning lawyer with over 15 years experience
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I built an extension on my house and the side of my garage

Customer Question

I built an extension on my house and the side of my garage wall sides on to neighbours garden where he has tried to plant a conifer tree and has let icy goes up the wall I ve asked him to cut the ivy and remove from my wall as it will cause damage long term but he says it won't damage the wall. I ve asked if my gardener can go in to his garden to remove ivy off wall but he won't allow it. What should I do ?
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Thomas Judge replied 10 months ago.

Let me see if I can help and please rate positive.

Firstly if the ivy comes from their property this is trespass and you are perfectly entitled to cut any of it down which comes onto your land. Other options include you contacting your house insurers and asking them if they will agree to
write a letter to your neighbours saying that the insurers will hold them responsible for any damage the ivy does to your property. Also under the Access to Neighbouring Lands Act, you can request permission for access for the purposes of maintenance and inspection. If they refuse, you can obtain a court order for access. You may consider retaining a contractor to inspect the wall and provide you with a quotation in respect of rectifying the damage. You may wish to consider claiming some or all of this quote from the neighbour on the above basis following a final notice from you to remove the ivy or warning of these consequences. I hope this helps. Please rate positive. Thanks

Expert:  Thomas Judge replied 10 months ago.

Hi

Do you have any additional questions - if not can you please rate positive for me. Thanks very much.

Expert:  Thomas Judge replied 10 months ago.

I hope this my answer helps - please can you rate positive for me. Thanks

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