My house is an end of Terrace with the neighbor having the Entrance to their garden. The have just attached lattice-work to my walls for plants to grow up. Additionally, They planted bamboo at the corner of my house in their "pocket Square" 6' x 8' between their kitchen extension and rear reception. I just had to have my walls treated for rising damp and have had the house monitored in the past for subsidence.
My question is: Do my neighbors have the right to attach lattice-work to my walls (by drill not glue) and place plants (bamboo and various "wall Creepers") to grow up my walls?
Is there not an 8' rule for all planted plants?
Any guidance would be very appreciated.
Regards,
Garden Law
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JustMeHere
- Posts: 6
- Joined: 19 Jun 2008 06:38
- Location: Sydenham
Thats why solicitors love these kind of disputes.
Loads of Money!!! Have you tried citizens' advice? I'm sure you must have some rights if the wall is your property and is a supporting structure rather than a freestanding boundary wall and might have rights even if it is a party wall.
Have you tried speaking to your neighbour about your concerns? I'm not sure why the bamboo worries you (assuming planted in the ground), but hopefully CAB culd help re that also.
Have you tried speaking to your neighbour about your concerns? I'm not sure why the bamboo worries you (assuming planted in the ground), but hopefully CAB culd help re that also.
In these instances the first port of call is to actually speak to your neigbours and try and be reasonable and come to some sort of agreement. It will save a lot of time money and agro if you can do this.
If not then get in touch with a soliticer/citizens advice. It is a civil matter really - you could really try and push criminal damage with the police, but its not really a police matter adn I doubt it would go very far...
If not then get in touch with a soliticer/citizens advice. It is a civil matter really - you could really try and push criminal damage with the police, but its not really a police matter adn I doubt it would go very far...
I dont know the answer I'm afraid but I did find this website the other day, might help?
http://www.gardenlaw.co.uk/
http://www.gardenlaw.co.uk/
I am not sure of the actual legal issue, but i have worked on refurbishments of buildings where the external wall of one house forms boundary to another, and it was covered in ivy growing up from the neighbours land. We went to the extent of removing the ivy (ironically by getting operatives to abseil down the wall from above, as the owners of the adjoining property would not allow us access from below), as it was affecting the wall of the house. So what i am saying, you may own the wall, and what in theory grows up it, but you would need permission to access the adjoining house to take it down!
As someone else says, best to speak to the neighbours about your concerns. Having a trellis on the wall with some plants growing up it is not the end of the world if they are properly managed. And the last thing you need is to fall out with your neighbours, so easily done nowadays.
As someone else says, best to speak to the neighbours about your concerns. Having a trellis on the wall with some plants growing up it is not the end of the world if they are properly managed. And the last thing you need is to fall out with your neighbours, so easily done nowadays.
These two links discuss an almost identical problem to yours. It seems that getting on with the neighbour is your best course of action..!
http://www.gardenlaw.co.uk/phpBB2/viewt ... 01823a98a9
http://www.gardenlaw.co.uk/phpBB2/viewt ... 8728548715
http://www.gardenlaw.co.uk/phpBB2/viewt ... 01823a98a9
http://www.gardenlaw.co.uk/phpBB2/viewt ... 8728548715
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Wispy Wonder
- Posts: 137
- Joined: 11 Jan 2006 22:13
- Location: Sydenham
Scott
Assuming you're concerned about the roots of the bamboo, rather than it's potential height, don't worry. Even the largest species only root to about 50cm deep into the soil - usually just 30cm in this country. And although they can grow quite vigorously, it is extremely unlikely to cause subsidence.
As for the lattice - if the wall is yours they should have asked permission. However, it's probably not worth making too much of a fuss as they could easily retaliate by arguing that if the wall isn't sturdy enough for their plants, then it's unsafe and needs urgent maintenance - at your cost.
I used to work for a gardening magazine - this was a comon issue I advised on.
W. Wonder
Assuming you're concerned about the roots of the bamboo, rather than it's potential height, don't worry. Even the largest species only root to about 50cm deep into the soil - usually just 30cm in this country. And although they can grow quite vigorously, it is extremely unlikely to cause subsidence.
As for the lattice - if the wall is yours they should have asked permission. However, it's probably not worth making too much of a fuss as they could easily retaliate by arguing that if the wall isn't sturdy enough for their plants, then it's unsafe and needs urgent maintenance - at your cost.
I used to work for a gardening magazine - this was a comon issue I advised on.
W. Wonder
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Pride & Joy
- Posts: 2
- Joined: 21 Jul 2008 13:07
- Location: Sydenham
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LivesNearby
- Posts: 47
- Joined: 21 Feb 2008 11:44
- Location: Forest Hill
The wall concerned MAY be a party wall, in which case you each own half the brick and there's nothing you can do about it; check your deeds and lease for details.
A couple of useful sites are Neighbours From Hell in GB an Lewisham Environmental
As everyone else has said, try to talk to your neighbour about it. However, LAMP will mediate if they are unreasonable.
A couple of useful sites are Neighbours From Hell in GB an Lewisham Environmental
As everyone else has said, try to talk to your neighbour about it. However, LAMP will mediate if they are unreasonable.
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Buddha of Banal
- Posts: 1
- Joined: 23 Jul 2008 10:25
- Location: se26
hi Scott,
I’m an architect and I come across this situation all the time, the answer to your question is governed by the Party Wall Act 1996 (see link to a useful site that explains quite clearly http://www.collier-stevens.co.uk/pw2.htm Basically, if your wall is an adjoining wall or a boundary wall either on your neighbours boundary (even if entirely on your property) or centred on the boundary then it is classified as a Party Wall and your neighbour has the right to fix to it so long as it does not cause material damage to your property, a screw hole is not material damage. If it is set back from the boundary then it is not a Party Wall and your neighbour should not fix to it without your permission. Suggesting that putting a screw into a wall is criminal damage is farcical and ignorant.
Regarding the bamboo, only a hedge, which is classified as a fence, should not go above 8 feet, everything else, such as trees, shrubs, etc, is permitted within reason (dependent on proof of detrimental impact, i.e. light), the question is whether to classify the bamboo as a hedge. Additionally, if the bamboo crosses your boundary you are within your rights to cut it back, to your boundary. If your concerns are to do with water displacement and foundation movement resulting in subsidence, bamboos are not that problematic, compared say to trees, especially willows, oaks, elms and other riverbank species which should not be planted with 18metres of a dwelling.
In reality your time would be better spent on love, peace and happiness rather than pathetic little rants on the internet about the minutia of life.
Hugs xxx
The Buddha of Banal
I’m an architect and I come across this situation all the time, the answer to your question is governed by the Party Wall Act 1996 (see link to a useful site that explains quite clearly http://www.collier-stevens.co.uk/pw2.htm Basically, if your wall is an adjoining wall or a boundary wall either on your neighbours boundary (even if entirely on your property) or centred on the boundary then it is classified as a Party Wall and your neighbour has the right to fix to it so long as it does not cause material damage to your property, a screw hole is not material damage. If it is set back from the boundary then it is not a Party Wall and your neighbour should not fix to it without your permission. Suggesting that putting a screw into a wall is criminal damage is farcical and ignorant.
Regarding the bamboo, only a hedge, which is classified as a fence, should not go above 8 feet, everything else, such as trees, shrubs, etc, is permitted within reason (dependent on proof of detrimental impact, i.e. light), the question is whether to classify the bamboo as a hedge. Additionally, if the bamboo crosses your boundary you are within your rights to cut it back, to your boundary. If your concerns are to do with water displacement and foundation movement resulting in subsidence, bamboos are not that problematic, compared say to trees, especially willows, oaks, elms and other riverbank species which should not be planted with 18metres of a dwelling.
In reality your time would be better spent on love, peace and happiness rather than pathetic little rants on the internet about the minutia of life.
Hugs xxx
The Buddha of Banal
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scott.l.hamilton
- Posts: 120
- Joined: 28 Jan 2008 11:51
- Location: SE26
Thank you all for the information.
As for Pride & Joy thinking I am miserable and should grow up, part of this forum's purpose is to ask questions and opinions. I am far from miserable and am amused that you consider asking a question to be spreading "discontent" through the neighborhood??
And Buddha of Banal, to classify my question as a pathetic rant is absurd. However, other than that puerile comment, you provided good information.
Obviously you think you know me, if you have a problem with me, PM me. But don't make assumptions and accusations of my character
As for Pride & Joy thinking I am miserable and should grow up, part of this forum's purpose is to ask questions and opinions. I am far from miserable and am amused that you consider asking a question to be spreading "discontent" through the neighborhood??
And Buddha of Banal, to classify my question as a pathetic rant is absurd. However, other than that puerile comment, you provided good information.
Obviously you think you know me, if you have a problem with me, PM me. But don't make assumptions and accusations of my character
The fact that your neighbour has had to attach a trellis to the wall for their climbing plants is actually a good sign. This would suggest that whatever they intend growing up it is not self supporting but would need to be tied in. It is the self supporting ivies and climbers that cause damage to walls by roots and tendrils digging into the mortar. This action can cause a surprising amount of damage surprisingly quickly.
Things like roses and wisteria that have to be tied onto trellis or other supports are not a problem UNLESS they are allowed to get rampant, in which case they can work their way under roof tiles and behind fascia & soffits.
I had some experience of this problem with a rose and it was my own silly fault. Some years ago when living in Lymington in Hampshire I was silly enough to plant a Kiftsgate rose against a trellis on my house wall. Within five minutes (well OK three years) the rose had reached roof level, where it proceeded to do its very best to piggle its way into the attic.
Luckily I had only my own property to damage, not a neighbour's. But the rose had to go and go it did.
Re. access. My understanding is that under the Access to Neighbouring Land Act 1992 a householder would have certain rights of access to a neighbour's land to carry out "basic preservation works". Naturally you would have to write to your neighbour first to inform them of your intention to get a Court Order to enable you to do this if necessary.
As has been said though the best thing is always to try to talk things through face to face. But that isn't always possible - particularly if the house next door is rented and the owner does not respond to e-mails & phone calls & never shows his face at the property - so it's good to know that, as a last resort, there is something you can do legally.
Things like roses and wisteria that have to be tied onto trellis or other supports are not a problem UNLESS they are allowed to get rampant, in which case they can work their way under roof tiles and behind fascia & soffits.
I had some experience of this problem with a rose and it was my own silly fault. Some years ago when living in Lymington in Hampshire I was silly enough to plant a Kiftsgate rose against a trellis on my house wall. Within five minutes (well OK three years) the rose had reached roof level, where it proceeded to do its very best to piggle its way into the attic.
Luckily I had only my own property to damage, not a neighbour's. But the rose had to go and go it did.
Re. access. My understanding is that under the Access to Neighbouring Land Act 1992 a householder would have certain rights of access to a neighbour's land to carry out "basic preservation works". Naturally you would have to write to your neighbour first to inform them of your intention to get a Court Order to enable you to do this if necessary.
As has been said though the best thing is always to try to talk things through face to face. But that isn't always possible - particularly if the house next door is rented and the owner does not respond to e-mails & phone calls & never shows his face at the property - so it's good to know that, as a last resort, there is something you can do legally.