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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33036
Experience:  award winning lawyer with over 15 years experience
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We moved into our priority 11 months ago. Yesterday we received a letter from a neighbour

Customer Question

We moved into our priority 11 months ago. Yesterday we received a letter from a neighbour claiming that ivy growing from our garden is trespassing on their flank wall. They are asking for a contribution to the removal and any necessary repair costs to the wall. The ivy was fully grown when we moved in and we believe has been there for a number of years before we became the owners of the land. What would be the extent of our legal liability? Many thanks
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas Judge replied 2 years ago.
Strictly speaking of the ivy is coming from your land/property and onto the neighbour's land then you can be liable for the cost of repair. It would normally be something covered by your insurance but you would want to check this. I would also question why this was not picked up by the survey. I would speak to your insurers before doing anything else.Please remember to rate
Customer: replied 2 years ago.
Thanks. I have read that we would only be liable for damage caused since we became owners of the property, and not damage caused before we moved in. Is that correct?
Expert:  Thomas Judge replied 2 years ago.
Yes, you may also want to determine whether they had raised a complaint with the seller - as this ought to have been notified to you at the time of the sale under the Sellers Property Information form. Please remember to rate positively.