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Neighbours and their plants
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Neighbours and their plants - Lleylandii

Q. Getting rid of encroaching ivy Q. Please let me know what the law stipulate regarding overgrown trees from neighbour.
Q. Trees died, foul play suspected. Q. Quickest way to block out nosey neighbours
Q. Please tell me of the problems that occur when Ivy is grown up outside walls. Q. ...is there any legal height that I have to follow, I am unable to find any information on this problem
Q. I have a chain link fence around the yard. I would really like to plant something all along the fence to create a wall (undesirable neighbors.) So it needs to be fast growing. Q. We are having a very expensive wood privacy fence installed in our back yard. our one next door neighbor grows ivy along the property line
Q. If my neighbour wishes to trim my tree that is over hanging into her garden am I obliged to have the branches that she has cut or am I entitled to get her to dispose of them. thank you. Q. Yesterday I saw to my shock and dismay that they appear to have ripped it off the side wall and severed the stems down to a few feet below the height that it was when I bought it
Q. Our neighbour has a fixed trellis on the boundary wall which we believe is causing damp problems in our kitchen. Q. ..... He now says that the trees are taking water and his drive is sinking in some parts.
Q. Am I allowed to dig a trench along the boundary fence on our side down to the roots and cut the roots off as the trees prevent anything growing under them?  

    Talk to your neighbour! The majority of questions that I get asked in relation to neighbours could be easily solved by talking them in a reasonable manner. I realise this is not always realistic, but many problems could be solved if people did this first - and sooner rather than later.

    "Will this large tree next to my house damage it?" - with advice goes liability. I will always say if there is a danger, chop it down. Maybe 95 - 99 out of 100 will be ok, but those few that aren't could be pretty disastrous, you can risk it, but I'm not going to suggest you do.

    "Will the roots from this hedge damage my / my neighbours, house / drive etc.?" as above - the variables of soil, local climate, plant variety, building standards etc. make advice impossible to give online.

If you are concerned about damage to your property from yours or your neighbours plants, or that your plants may cause damage to your neighbours property, then the best thing you can do is to ensure you are properly covered by your buildings and liability insurance.

The next best thing is to remove the plant altogether.

Hedgeline - Campaign for Effective Legislative Control of Problem Hedges of all species, in residential areas of the UK

Q. What chemicals or otherwise do I use to get rid of ivy growing all over my fence from next door. Its starting to envelop my shed which is alongside the fence.

A. Unfortunately all you can do is cut off what comes on your property. Chemicals would cause a plant that is in your neighbours garden to be damaged which is against the law. It might be worth mentioning to your neighbour if you get on, as he/she may not be aware of the problem that you see it as.


Q.  We have been living at our present address since 1986. Between 1986 and 1990 we had planted conifers along the fences of the neighbours gardens.

The conifers grew and have been trimmed with no problems and have/had been growing quite nicely. In 1997 one set of neighbours sold up and moved. The new owners immediately indicated that they hated not only the conifers but the tree at the bottom of our garden. Within 6 months of moving in, the tree had been damaged. Conifers along the bordering fence have one by one gone brown and died. Any idea if or how we can prove that the conifers are being 'killed off'. We note that they planted "ivy" where the conifers have died and within the last couple of weeks "ivy" has been planted next to the living conifers.

A. The death of the conifers is certainly very suspicious and natural causes is exceedingly unlikely. Proving this is another matter however. It would seem that some kind of chemical has been used to damage the trees either directly on the leaves or on the roots. Leaf and /or soil samples would be necessary to show the causative agent and then you have the problem of proving how it came to be there - probably not a huge priority for the police.

I don't know if this would regarded as a criminal or civil matter. Your first step should be to approach a solicitor, many will give a free 15-20 minute first consultation on how to approach the matter. Though many will accept any work that may come their way irrespective of their experience or expertise in the matter (I'm hoping you're not a solicitor!).

The ivy would seem to be a way of covering the dead branches with some living greenery. Newly planted ivy it would in no way be able to kill off, or even hold its own against a large healthy conifer or other tree.


Q. Please tell me of the problems that occur when Ivy is grown up outside walls. Brick rendered. I have problems with neighbours growing Ivy on my outside walls which I need to discuss with them.

A.  Unless a wall is already in bad shape, then ivy won't damage it at all. If you remove the ivy, you'll get some marks that are unsightly for a while, but they can soon be removed.

If the brick is rendered however - or pebble-dashed, then there is a possibility that the ivy could in time pull this away from the wall - possibly quite spectacularly in large pieces.


Q. My backyard is about 50 feet by 30 feet. I have a chain link fence around the yard. I would really like to plant something all along the fence to create a wall (undesirable neighbors.) So it needs to be fast growing. I would prefer something that blooms in pink or white. But at this point speed & cost is our main factors. I have heard about the ameri-willow but this doesn't bloom. So could you give me some suggestions, prices, and tips on how much to order and how to plant the item. Thank you very much.

A. If the problem is your neighbours, then the quickest solution is a wooden panel fence. Any hedging plant is going to take several years to grow tall enough and dense enough to make an effective barrier.

As for which plant, a fast growing hybrid willow would probably be the quickest solution, but as with any fast growing plant, you need to keep it trimmed back 2-3 times a year once mature if it is not to become unruly. Non-flowering plants will be the quickest, anything that flowers will put it's energy into the flowers instead of growing upwards and that will make it grow all the slower. Also, flowering hedges are less formal - shabbier if you're unkind - than a regularly trimmed hedge otherwise you cut the flowers off.

Your best bet would be Cherry Laurel or ordinary Privet which will flower if left untrimmed until after the flowers have done their stuff. Small plants will establish well and grow quickly, but no-where near as fast as a fence! The cheapest place to get them will probably be from a local nursery, for some reason laurels are not available in North America on the web with any regularity.


Q. If my neighbour wishes to trim my tree that is over hanging into her garden am I obliged to have the branches that she has cut or am I entitled to get her to dispose of them. thank you.

A.  The law says they belong to you, so your neighbour is obliged to return them to you. This is their only obligation. Depositing them on your neighbours land would be the equivalent of dumping refuse, so from that perspective the legal obligation to deal with the branches is yours.

After all, they're your trees and your neighbour neither planted them nor should have to put up with them growing in her garden.


Q.   Our neighbour has a fixed trellis on the boundary wall which we believe is causing damp problems in our kitchen. Our neighbour is very unreasonable so is there any legal way we can make her remove it?

A.  Trellis is allowed on top of walls and fences without permission being needed - depends on how big it is of course, but a fence over 6 foot would require planning permission whereas a 2 foot trellis on top of a 6 foot fence wouldn't. I suggest you measure it and contact your local council planning office.

As for the damp, I'd have a word with your insurance company. Potentially it is causing damage that could lead to a claim. If the insurance company pay out on that claim, they would seek to claim it back from your neighbour who caused the claim to occur. Do you have legal assistance as part of the home insurance?


Q.  My neighbour has several Lleylandii trees that are over 25 feet tall. They are planted about 9 inches from our boundary fence. the closest is about 20 feet from the rear of the house. I have cut them back to the fence. Am I allowed to dig a trench along the boundary fence on our side down to the roots and cut the roots off as the trees prevent anything growing under them. would this kill them.  Also how far down would the roots go.

A.  As I understand the law, yes you can dig a trench and sever the roots as the same laws apply to the soil under your property as the air above it as regards the growth of neighbours plants.

I'd check this properly though before you attempt it as I'm not a lawyer of any kind and so can't give you legal advice. If this led to the death of the plants, you could have a major problem on your hands, whether it's legal or not.

How far the roots go depends on many variables, but major ones probably to 2-3 feet down.


Q. Please let me know what the law stipulates regarding overgrown trees from my neighbour.

A.  I'm not a lawyer so this is not the definitive legal definition.

Applies to the UK only - You can remove any overhanging branches or foliage to your property from your neighbour - the law says that you must return it to them though (maybe not a good idea however if they don't like you cutting it in the first place! - this part was designed for things like apples and other fruit that still belong to the neighbour). If they're likely to be acrimonious about it, I'd keep the trimmings to one side for a while just in case.

What you can't do is reduce the height of any trees as to do this you are encroaching on your neighbours property. At the moment it is not possible to force your neighbour to reduce the height of trees or a hedge, though a bill is (very slowly) due to go through parliament.


Q. We have a back garden fence that divides our house with our neighbours. They are very nosey and only come out when we go into our garden. Both myself and my wife don't feel comfortable going into our garden which we take pride in because of them and are desperate now as we have thought about planting Lleylandii to gain privacy.

The houses are on a slope and their house and garden is slightly higher than ours. Our fence is 1.8 metres high on our side and from their side is only 1.5 metres high so they can be standing in their garden and look straight into ours.

We are thinking of adding trellis to our fence to add height but would also consider another form of plant rather than Lleylandii to put in our garden that would grow to about 2 to 3 metres height very quickly and not require constant trimming. Can you recommend anything? This is our dream home and is being spoilt by these inconsiderate and nosey neighbours.

A. The quickest way is to add a 2 foot high trellis to the top of the fence and grow a climber along it. Alternative to Lleylandii is laurels, but anything fast growing is going to need regular trimming by definition, in any case with a hedge you're looking at a few years before it forms an effective barrier with branches knitted together.


Q. How high can I grow Leyland's in my front garden, my garden is very unusual and faces on to 3 other houses which are separated by a shared drive, at present the trees are about 3ft high and some one keeps cutting them, I am unable to catch that person at present and they were put in to stop my dog jumping the fence is there any legal height that I have to follow, I am unable to find any information on this problem

A. There is no legal limit on the height that you can let your hedge grow. It is however illegal to cut down someone else's hedge without their permission.


Q. (Virginia USA) We are having a very expensive wood privacy fence installed in our back yard. our one next door neighbor grows ivy along the property line, and he lets its grow up the sides of his trees, his shed, everything, he says he doesn't trim it. the fence people suggested we put the fence on that side one foot inside our property line so we could go around and trim the ivy from growing up our very expensive wooden fence, the neighbor said "I don't think I like that" .

How can we stop his ivy from growing up our fence (one foot inside our property line) he plans to plant ivy to the fence once it is up. we thought we could put a border of two by fours on the actual property line to define the one foot space we are leaving, but I am told ivy will grow right over that. please help, we have put a LOT of money into this fence and can't afford to pay for repairs that ivy damage will cause.

A.   Well it sounds like a combination of what the law is in your state and what your neighbourly relations are - not too good by the sounds of it.

I live in the UK where the law says that you can cut off any growth from your neighbours plants that stray across the boundary line as long as you return what you have removed (not always a good idea!). So if that applies where you are, your solution is fine, if your neighbour doesn't like it, then tough - get his own fence to cover in ivy.

There could be an intermediate solution, put up chain link fencing between your 2 x 4 boundary markers to intercept the ivy and cut off anything that strays across.

I'd be interested to hear what the law is where you are, that should be your first port of call.


Q.   Two years ago our neighbours built a large concrete and brick summerhouse at the top of their garden, right on the boundary, removing some of the boundary wall to do so. Last year we landscaped our garden and I planted a Parthenocissus to screen the ugly grey side wall of the building that now faces us.

I have been very careful to trim it and ensure it doesn't grow round onto the front of their building, although it had started to grow onto their roof and I hadn't trimmed that yet (I'm a new gardener and didn't realise how quickly it grows!)

It's taken 18 months to cover the area, and was about to come into its full Autumn glory. Yesterday I saw to my shock and dismay that they appear to have ripped it off the side wall and severed the stems down to a few feet below the height that it was when I bought it (it was quite an expensive plant as I bought a tall one). I presume they did this from their roof with long handled shears.

I feel very upset as it was my favourite secluded part of my garden, and they didn't say anything to us before doing it, even though I thought we had a very good relationship with them. Before I approach them about it, I'd like to know if they were within their rights to do it as it's their building, or whether it's OK for us to screen the side that faces us in this way (they never consulted us about putting up this type of building when they built it).

A.   Well as I say on the site, I don't know the definitive legal position and you need to approach a lawyer / citizens rights etc. if you want the true legal facts.

That they didn't consult you about the building probably means that planning permission wasn't needed. You can do pretty much what you want in your own garden as long as you don't breach these regulations and it's unlikely they would have been able to get as far as building it without coming up against that hurdle. You may want to check this though with your local council.

As far as your plant growing up their building is concerned, this is the situation as far as I am aware, though I may be wrong, this is where things are a little blurred:

Your plant was growing in your garden, at the point where it strayed into your neighbours garden, they were within their rights to cut it back to the boundary. If it was up to the roof, there was a good chance it could grow through the tiles to the interior and start to lift and remove tiles.

Your neighbours had no right to cut it back as they did as they were doing so in your garden and no matter what the perceived threat, even if it may have caused damage, they can't cut plants back that are growing in your garden, except for those parts that are over the boundary line.

Now, a realistic approach - You shouldn't have let it grow so high up the wall and approach the roof, maybe they thought you were just going to leave it? No plant grows that fast - even a snail can accomplish that distance more than once overnight and I assume you can outpace a snail.

They certainly shouldn't have cut it back so far, but they have and the damage is done. By rights they could only cut to the boundary. Can you let your plant grow up their property? That's the bit I'm not sure of, but I'd be surprised if you couldn't. Maybe a wall shrub rather than climber would have been a more diplomatic solution?

There is another possible issue here of the removal of part of the boundary wall to make room for the building. Who did the wall belong to? Does the building now take the place of the boundary wall? Do different rules apply in that case? These are questions that only a lawyer or maybe your local council can answer.

Diplomatic solution? Let them know how upset you were at them illegally (I think) cutting your plant down (why didn't they say anything?) and replace it with a wall shrub maybe.


Q.   Some 4 years ago my neighbour had a block drive laid about 3 feet from my conifers that have been there for about 32 years. He now says that the trees are taking water and his drive is sinking in some parts. Whilst I know this is possible is it my responsibility when he knew of the trees when he had the drive laid?

A.   I just don't know, this is a legal matter rather than gardening, I suggest you approach your local council or Citizens Advice Bureau in the first place if he starts to get awkward about it. There is also the possibility of course that the drive wasn't laid properly or that he's using heavy vehicles on it that he wasn't previously. After all if the trees have been there 32 years, why should the sinking occur just when the drive was laid?


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