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I had a question about ivy that has gone over my fence and…

I had a question about...
I had a question about ivy that has gone over my fence and bridged a 4inch gap onto a neighbors garage. They are now claiming damage and trying to charge me. My question is if the structure is shown as touching the boundary (OS mapping) then my fence side must be my side of the boundary (if only by a bit) am I liable for damages. Don't they have the right to cut it back? Is it negligence if they have left it so long that it has caused damage if indeed it has? TBH the whole garage roof is a state and I only have one or two pwives of ivy on it.
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Answered in 54 minutes by:
1/18/2018
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,076
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

If they could have seen the ivy encroaching then they could have cut it back to the fence.

However, if they could not have seen it encroach then it would fall to you to stop it doing damage from your side.

If the garage is generally dilapidated then it is difficult to see that the ivy has done any damage requiring compensation.

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

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Customer reply replied 4 months ago
Hi Michael
Could you clarify when you say see it? Does this include from 1st story windows and if the look along the fence panel? How active do they have to be?
Is their information I can you can point me to besides this thread?
If these few bits of ivy have caused any problem then we only have to pay repair or full roof. What if their is damage to contents?
Obviously I want to be a good neighbor, but have had problems in the past of them demanding things

The ivy must be capable of being seen from their side as coming over the fence .

Is there the possibility that the ivy went through an existing gap rather than create one?

Michael

Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,076
Experience: I have 20 years of experience as a solicitor in litigation and other areas
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