Allotments 4 All

We have a single storey extension on our house.
Our next door neighbour is growing a trailing plant up the side wall of it.
A while ago, we noticed that it was starting to go under the tiles of our roof. We asked him to trim it back - and he did.
It is now back to the same height, and is again going under the tiles.
He hasn't cut it back yet - even though we have asked him again.

Does anyone know how we stand regarding this?
My husband said he will go on the roof, and cut it back himself.
I don't want him to do this, as he is disabled.
:-\

sorry Emm, don't know but perhaps you could try writing to them or maybe ask your local citizens advice bureau about the legal side of it. would they do it if they realised that your husband was going to do it - maybe that would shame them into it.

if it's a boundary wall - i.e. the wall is entirely on your land - legally he is not allowed to grow any creepers up that wall or fix trellis etc UNLESS he gets your express permission - as it's your wall.
on a side note - if this is the condition of the wall - you need to get access to maintain it if necessary. say you needed to repoint your brickwork and he has to remove the creeper entirely so you can carry out that work.......

if it's a party wall - i.e. the boundary runs through the centre line of the wall - he can grow things up that wall, but anything causing damage on your side of the wall  through the roots and/or branches he will be responsible for under the Party Wall Act 1996.

you might have to get a surveyor involved who can survey what's going on and suggest how much the repair is likely to be if preventative measures are not taken. hopefully that will get your neighbour into action.

good luck
svea

As I understand it you are entitled to cut it back yourself if it is on your property but you must return the cuttings to your neighbour or it could be counted as theft.

That's what I've heard but don't quote me on it - I know it sounds daft.

Robin

Maybe you could try the subtle but firm way and drop a note through his door stating that as your husband is disabled, a garden maintenance person is going to be called to cut the plant back and the charge would most likely have to be met by him.  Hopefully it will either nudge him into doing it himself or agree to pay for someone else to do it for you (the lazy b*gger) Maybe somewhere in the note you could mention that you've both sought advice on the matter, letting him know you are well within your rights to rid the whole thing should you wish to.

Just a suggestion.

Good Luck.

if you have a parish council try approaching them.  Ours send letters to people for this kind of thing.

Lets not be hasty here, hes cut it before and im sure if you keep things pleasantly informal and verbal he will oblige in moving it or cutting it again

Thank you all for taking the trouble to help here.
He most probably will get around to doing it - sometime, but this was just for a - just in case.
He is one of those people who's signature tune is "It's all in hand", but takes forever to get around to it.

Svea - yes, it is our wall - and - he has put a trellis part way up it!!!!
I hadn't even thought about the fact of repairs ever being needed to the wall.

Robsa - I knew that applied to trees etc. but wasn't sure about this sort of thing.
;)

clairenpaul - he's a nice enough person, but not the sort who could be shamed into anything.

Yellow Petals - no need for a note - my husband would just tell him!!!!

Justy - I don't know if we have a Parish Council.

I'd just cut it back myself. Let him know in advance, just to avoid any arguments later.

Show him what his climber is doing to your roof. Invite him in and point out the potential damage and estimated cost of repair and ask him what he thinks should be done about it.

Get a gun. It works everytime over here?
"Just joking"
;D ;D ;D ;D

Advise him that when he gets round to cutting it down you will give him a hand.  Perhaps, arrange a suitable day between you.  Your OH could hold the ladder, pass the shears, you could make the tea etc. Make it a friendly neighbourly event.

Good luck

My advice is the softly softly approach.  He probably just needs you to nag him nicely e.g. pop round and remind him, possibly with an offering of fruit and veg!??   ;)  Most likely he has just forgotten.  The road to hell being paved with good intentions and all that. 

Could be worse.  An aquaintance that I did some garden clearance for had 2 whole trees chopped down and thrown into her back garden - a very steep, terraced garden at that.  We removed and shredded the lot.  It took two days and she paid us quite a lot to do it.  If my neighbours had done that, I would have gone balistic.  The neighbours had long since moved on, thankfully, but she never had a penny out of them for it. 

Talking about trees!!!!
Same neighbour was talking to my other half today.
A house out the back of us, but a few doors along, has several conifers about 50 feet tall. (At the bottom of a 500 ft. garden.)
During the gales which we had a few months ago, one tree lost about 20 feet off the top. It dropped into the garden of the house four doors along from us, taking the fence with it.
It is still there.
Neighbour was telling other half about the law regarding such things.
And my daft thing of a husband never said a word about plants growing up walls and under tiles!!!!!
Men - HUH.
:-\

Are you still interested in the strict legal position because most of the advice on here is better - the law is on your side and is not brutal (you can simply notify him and cut it back to where it is no longer a nuisancew to you property - it is defined as a private nuisance) but should always only ever be a last resort.  The amicable suggestions on here sound much better.

Now you know why I became a teacher.

PS did you know that if a car alarm in your neighbourhood is a persistant nuisance, and the owner does nothing about it after you have asked a couple of times, you can break into the bonnet and disconnect it.  You can also legally take a sledgehammer to a house alarm if you have asked a few times first.

QuotePS did you know that if a car alarm in your neighbourhood is a persistant nuisance, and the owner does nothing about it after you have asked a couple of times, you can break into the bonnet and disconnect it.  You can also legally take a sledgehammer to a house alarm if you have asked a few times first.

How sure are you about this?

It has to be a persistant problem and the source of the problem needs to have done nothing about it despite numerous requests - then I am sure.  You are allowed to take whatever steps you reasonably need to to prevent the nuisance and this can include the examples above.  However, it is a bit like the reasonableness when defending property e.g. Tony Martin.  You can take these steps but people are unaware and think they will be prosecuted if they do.  People who defend their property rarely end up in court.

I can see Merry Tiller with a sledgehammer in hand LOL

I believe it is illegal for an alarm to go off for longer than 20 minutes and that is why they are designed to isolate the area of attack and continue to protect undisturbed areas after that time has elapsed.

Police should respond to an alarm call if only to contact the key holder to check it out, if the alarm persists after the owners have been called they can be fined.

I would not recommend anyone to take forceable action to anyones property without consent in writing from the police, even the police won't break into a car or house unless it is causing a threat to life.

We used to  have a neighbour whose house alarm was always going off, they were a young couple who were never in and it became quite a nuisance. they obviously wanted their property to be secure and usually the alarm went off itself after maybe 15 minutes. When they were on holiday one year the alarm started and didn't stop so we called the police who said they couldn't do anything about it, I was pretty upset about this as I'd just got in from a 12 hour night shift and wanted some sleep so the policeman pointed to the wiring and said
  "it'd be a terrible shame if someone cut that wire there cos that would disconnect the alarm..." he winked and walked off. Didn't do it though - too high and not very good on ladders  :)