Re: Fence ..ivy..
A.Lee
> Just wondering what the position is regarding ivy growing up and over a
> fence owned by myself.
>
> My neighbour has taken to cutting the ivy up *his* side of my fence ...
snip.
Generally, the neighbour can cut off any growth of plants/tress that
overhang his garden.
He has the option of asking if you want the cuttings, or disposing of
them himself. He cannot cut it down then throw it into your garden.
Trimming the part of a plant that sits on the top of a fence is probably
not in the spirit of the law, and if you were so minded, you could get
him to stop doing that bit, though it would be time consuming for little
benefit IMO.
Alan.
--
To reply by e-mail, change the ' + ' to 'plus'.
zaax
> X-No-Archive: yes
>
> Just wondering what the position is regarding ivy growing up and over
> a fence owned by myself.
>
> My neighbour has taken to cutting the ivy up his side of my fence
> (though it is attached to the fence as is the wont of ivy...) and
> trimming it across the top of the 3 - 4 inch wide capping piece
> running the entire length of the fence.
> Nowithstanding the usual caveat of discussing these things with the
> neighbours concerned before anything else - in this case a little
> difficult as they have a certain attitude to their garden and its'
> appearance - but I have mind to ask him to leave the ivy alone in the
> future...we happen to like the appearance of the green foliage rather
> than the stark wood panelling - but suspect we shall enter into
> discussions about which part of the fence he is entitled to touch.
> The neat cut along the top revealing the neat wooden edge of the
> capping is not really to our liking as we prefer a more 'natural'
> appearance rather than a manicured garden.
>
> Obviously ..(or maybe not actually) the ivy attached to his side of
> my fence is on his property but it is attached to my property, the
> fence and it maybe, therefore, be considered his responsibility.
> I believe that the ivy growing 'over' the capping up to the far edge
> (from my side) or near edge (from his side) is clearly nothing to do
> with the neighbour whatsoever and he should not be touching (cutting)
> it whatsover. Am I right in my thoughts that this is the case and
> that he may be entitled to cut off the ivy from my fence on his side
> but only up to the corner where it returns into my property.
> It is getting down to very small measurements here, I know, but it
> is, when cut, aesthetically unpleasing to us
>
> I would prefer that I could ask him not to touch the ivy whatsoever
> but I suspect that is, or has, no legal basis whatsoever.
>
> Don't want, or intend, to get any of this out of proportion but do
> intend to speak to the neighbour about it and want to know where I
> stand regarding this issue before approaching him..
>
>
> mark
If it's your fence on your land they can not put anything. If the fence
is on the border, it's it belongs to to both, his side is his and your
is yours.
--
---
zaax
Frustration casues accidents: allow faster traffic to overtake.
TTman
"mark" <no-on...@noads.com> wrote in message
news:AL2dnQTD89DUDLnR...@bt.com...
> X-No-Archive: yes
>
> Just wondering what the position is regarding ivy growing up and over a
> fence owned by myself.
>
> it is attached to the fence as is the wont of ivy...) and trimming it
> across
> the top of the 3 - 4 inch wide capping piece running the entire length of
> the fence.
> Nowithstanding the usual caveat of discussing these things with the
> neighbours concerned before anything else - in this case a little
> difficult
> as they have a certain attitude to their garden and its' appearance - but
> I
> have mind to ask him to leave the ivy alone in the future...we happen to
> like the appearance of the green foliage rather than the stark wood
> panelling - but suspect we shall enter into discussions about which part
> of
> the fence he is entitled to touch.
> The neat cut along the top revealing the neat wooden edge of the capping
> is
> not really to our liking as we prefer a more 'natural' appearance rather
> than a manicured garden.
>
> fence is on his property but it is attached to my property, the fence and
> it
> maybe, therefore, be considered his responsibility. I believe that the
> ivy growing 'over' the capping up to the far edge (from my side) or near
> edge (from his side) is clearly nothing to do with the neighbour
> whatsoever
> and he should not be touching (cutting) it whatsover.
> entitled to cut off the ivy from my fence on *his* side but only up to
> corner where it returns into my property.
> It is getting down to very small measurements here, I know, but it is,
> when
> cut, aesthetically unpleasing to us
>
> I would prefer that I could ask him not to touch the ivy whatsoever but I
> suspect that is, or has, no legal basis whatsoever.
>
> Don't want, or intend, to get any of this out of proportion but do intend
> to
> speak to the neighbour about it and want to know where I stand regarding
> this issue before approaching him..
>
>
> mark
Plant your own piece of Ivy on your side of the fence ?
Clive George
> Trimming the part of a plant that sits on the top of a fence is probably
> not in the spirit of the law, and if you were so minded, you could get
> him to stop doing that bit, though it would be time consuming for little
> benefit IMO.
I would go further than to say it would be of little benefit. Cases such
as this are the foundation of many neighbourly disputes, and nobody wins
from those.
Partac
"mark" <no-on...@noads.com> wrote in message
news:AL2dnQTD89DUDLnR...@bt.com...
> X-No-Archive: yes
>
> Just wondering what the position is regarding ivy growing up and over a
> fence owned by myself.
In my bitter experience of ivy you won't have to worry about it for too
long. The ivy will quickly destroy the fence and you will have to replace
it, which will mean cutting the ivy out anyway. Whether you will want the
ivy to grow back again afterwards is another question.....................
TTman
> side of our fence, over the top and down the other side..
> The neighbour seems to want to cut it off his side of the fence but
> continues that process across the top of my fence...
> It is the neat cut along the top of the fence edge that displeases us as
> the
> ivy is actually quite pleasing as it disappears over the top of the fence,
> so to speak...
>
>
> mark
Ah, I see now.... ignore it and it will go away... I guess it re grows quite
quickly...
I have a similar problem. We ignore her and it clearly makes her angry
because she's looking for an argument. Sad person.( It's over feeding birds)
TTman
>>
>> I would go further than to say it would be of little benefit. Cases such
>> as this are the foundation of many neighbourly disputes, and nobody wins
>> from those.
>
> However, the neighbour clearly is cutting the ivy in a place he should not
> be touching...namely the top of *my* fence.
> I doubt there is any dispute about that, frankly. What I was interested in
> knowing was about the ivy attached to my fence but visible and attached on
> the *other* side of the fence..namely the side of the neighbour.
> To further confuse matters (perhaps) part of the run of the fence is
> bordered by a road the other side (no pavement) ..an access road to a
> secluded property, and is not on the land owned by the neighbour.
> He appears to have taken it upon himself to *tidy* up how the fence should
> look from *his* side but including that part not on his property also..!
>
>
> mark
Thank him and tell him he's doing a lovely job and could he do your side of
the fence while he's at it....
Steve Walker
> It is the neat cut along the top of the fence edge that displeases us
> as the ivy is actually quite pleasing as it disappears over the top
> of the fence, so to speak...
If it's your fence, why not just attach a wavy or irregular section of
timber to the top rail.
sid
> X-No-Archive: yes
>
> Just wondering what the position is regarding ivy growing up and over a
> fence owned by myself.
>
> it is attached to the fence as is the wont of ivy...) and trimming it across
> the top of the 3 - 4 inch wide capping piece running the entire length of
> the fence.
> Nowithstanding the usual caveat of discussing these things with the
> neighbours concerned before anything else - in this case a little difficult
> as they have a certain attitude to their garden and its' appearance - but I
> have mind to ask him to leave the ivy alone in the future...we happen to
> like the appearance of the green foliage rather than the stark wood
> panelling - but suspect we shall enter into discussions about which part of
> the fence he is entitled to touch.
> The neat cut along the top revealing the neat wooden edge of the capping is
> not really to our liking as we prefer a more 'natural' appearance rather
> than a manicured garden.
>
> fence is on his property but it is attached to my property, the fence and it
> maybe, therefore, be considered his responsibility. I believe that the
> ivy growing 'over' the capping up to the far edge (from my side) or near
> edge (from his side) is clearly nothing to do with the neighbour whatsoever
> and he should not be touching (cutting) it whatsover.
> Am I right in my thoughts that this is the case and that he *may* be
> entitled to cut off the ivy from my fence on *his* side but only up to the
> corner where it returns into my property.
> It is getting down to very small measurements here, I know, but it is, when
> cut, aesthetically unpleasing to us
>
> I would prefer that I could ask him not to touch the ivy whatsoever but I
> suspect that is, or has, no legal basis whatsoever.
>
> Don't want, or intend, to get any of this out of proportion but do intend to
> speak to the neighbour about it and want to know where I stand regarding
> this issue before approaching him..
>
>
> mark
>
>
>
>
Have a second fence, 6 inches or a foot back from the first one, he has
no rights at all to touch that or the ivy on it, and you still own the
first fence up to your boundary.
sid
steve robinson
> mark wrote:
> > X-No-Archive: yes
> >
> > Just wondering what the position is regarding ivy growing up and
> > over a fence owned by myself.
> >
> > My neighbour has taken to cutting the ivy up his side of my fence
> > (though it is attached to the fence as is the wont of ivy...)
> > and trimming it across the top of the 3 - 4 inch wide capping
> > piece running the entire length of the fence. Nowithstanding
> > the usual caveat of discussing these things with the neighbours
> > concerned before anything else - in this case a little difficult
> > as they have a certain attitude to their garden and its'
> > appearance - but I have mind to ask him to leave the ivy alone
> > in the future...we happen to like the appearance of the green
> > foliage rather than the stark wood panelling - but suspect we
> > shall enter into discussions about which part of the fence he is
> > entitled to touch. The neat cut along the top revealing the neat
> > wooden edge of the capping is not really to our liking as we
> > prefer a more 'natural' appearance rather than a manicured
> > garden.
> >
> > Obviously ..(or maybe not actually) the ivy attached to his side
> > of my fence is on his property but it is attached to my
> > property, the fence and it maybe, therefore, be considered his
> > responsibility. I believe that the ivy growing 'over' the
> > capping up to the far edge (from my side) or near edge (from his
> > side) is clearly nothing to do with the neighbour whatsoever and
> > he should not be touching (cutting) it whatsover. Am I right in
> > my thoughts that this is the case and that he may be entitled to
> > cut off the ivy from my fence on his side but only up to the
> > corner where it returns into my property. It is getting down to
> > very small measurements here, I know, but it is, when cut,
> > aesthetically unpleasing to us
> >
> > I would prefer that I could ask him not to touch the ivy
> > whatsoever but I suspect that is, or has, no legal basis
> > whatsoever.
> >
> > Don't want, or intend, to get any of this out of proportion but
> > do intend to speak to the neighbour about it and want to know
> > where I stand regarding this issue before approaching him..
> >
> >
> > mark
> >
> >
> >
> >
>
>
> Have a second fence, 6 inches or a foot back from the first one, he
> has no rights at all to touch that or the ivy on it, and you still
> own the first fence up to your boundary.
>
> sid
Better still accept that the ivy is a pita to the neighbour and offer
to keep it trimmed back within your own boundaries .
Keeps everyone happy and stops tit for tat retalitary actions which
end up escalating out of all proportion , ultimatly costing both
parties time money and stress
sid
Well I was kind of suggesting that, in that the second fence would not
be visible to the neighbour, he can trim all he likes from the one that
does boundary his garden. In fact the ivy from the original fence could
be removed completely, since it would be invisible to the person who
does want ivy to look at. The only issue is the height of the two fences.
Keeping a single fence and just having the top painted the same shade as
the ivy (dark green?) with a wavy top as suggested already by another
poster, would do for me. From a distance it would be hard to notice a
difference I think, and the neighbour won't mind since all he sees is a
wavy topped fence.
On the other hand, since the neighbour is trimming the ivy past the
boundary of his own property down to the road, perhaps he is being
awkward just for the sake of it.
sid
dave
> X-No-Archive: yes
>
> Just wondering what the position is regarding ivy growing up and over a
> fence owned by myself.
How do you know you own the fence?
If you installed it, it doesn't mean you own it. You can only determine
this from your deeds. Look for the letter T on your side of the fence.
If the fence is original, the convention is that the side that has the
posts belongs to the owner, but not always.
Dave
steve robinson
Its possible the neighbour is only trimming to his own fence line.
Ivy when cut will spring back if the hanging foliage was heavy
steve robinson
> On 25/06/2010 12:25, mark wrote:
> > X-No-Archive: yes
> >
> > Just wondering what the position is regarding ivy growing up and
> > over a fence owned by myself.
>
> How do you know you own the fence?
>
> If you installed it, it doesn't mean you own it. You can only
> determine this from your deeds. Look for the letter T on your side
> of the fence.
The deeds only mark the delineating line and who owns and should
maintain the fence when the houses were built and original fences
erected .
If later the fence is changed then whoever changes it will own it if
they have paid for it
Chris R
news:xn0gvwoh...@news.eternal-september.org...
> dave wrote:
>
>> On 25/06/2010 12:25, mark wrote:
>> > X-No-Archive: yes
>> >
>> > Just wondering what the position is regarding ivy growing up and
>> > over a fence owned by myself.
>>
>> How do you know you own the fence?
>>
>> If you installed it, it doesn't mean you own it. You can only
>> determine this from your deeds. Look for the letter T on your side
>> of the fence.
>
> The deeds only mark the delineating line and who owns and should
> maintain the fence when the houses were built and original fences
> erected .
>
> If later the fence is changed then whoever changes it will own it if
> they have paid for it
>
on the neighbour's land, it belongs to the neighbour. Paying for a fence
doesn't change the boundary line, and in law the fence becomes part of the
land and cannot have separate ownership.
Chris R
Paul - xxx
> Don't want, or intend, to get any of this out of proportion but do intend to
> speak to the neighbour about it and want to know where I stand regarding
> this issue before approaching him..
Obviously it's a personal thing ... but can't you just let him prune
whatever he wants?
So long as he doesn't kill the Ivy off, so long as he doesn't damage the
fence, which the Ivy will, I really can't see why you'd worry about such
a triviality or try to get 'legal' advice over it.
Why not invite him round for a beer in the garden and show him what your
side looks like, and what you want it to look like. Ask him if you can
go his side, see what it's like from his POV. You might make a new mate ...
Life's too short ... ;).
--
Paul - xxx
'96/'97 Landrover Discovery 300 Tdi
Dyna Tech Cro-Mo comp
Sara
Paul - xxx <notchec...@hotmail.com> wrote:
> On 25/06/2010 12:25, mark wrote:
>
> > Don't want, or intend, to get any of this out of proportion but do intend to
> > speak to the neighbour about it and want to know where I stand regarding
> > this issue before approaching him..
>
> Obviously it's a personal thing ... but can't you just let him prune
> whatever he wants?
>
The OP made it clear it bothers him, and why that is.
> So long as he doesn't kill the Ivy off, so long as he doesn't damage the
> fence, which the Ivy will, I really can't see why you'd worry about such
> a triviality or try to get 'legal' advice over it.
>
I don't think you need to understand, just appreciate that it is so.
> Why not invite him round for a beer in the garden and show him what your
> side looks like, and what you want it to look like. Ask him if you can
> go his side, see what it's like from his POV. You might make a new mate ...
>
That does seem like a good idea.
> Life's too short ... ;).
--
Sara
Run out of ideas for a sig for the moment
Percy Picacity
news:DdKdnTjwud1t7LXR...@bt.com:
> X-No-Archive: yes
>
>
> "Paul - xxx" <notchec...@hotmail.com> wrote in message
> news:88r102...@mid.individual.net...
>> On 25/06/2010 12:25, mark wrote:
>>
>>> Don't want, or intend, to get any of this out of proportion but
>>> do intend to
>>> speak to the neighbour about it and want to know where I stand
>>> regarding this issue before approaching him..
>>
>> Obviously it's a personal thing ... but can't you just let him
>> prune whatever he wants?
>
> I won't go much further as it's (the thread) getting way outside
> of any legal comment now...
Personally I agree with you that it none of anyone else's business
how strongly you feel about this. However, if you possibly can, it
would be as well to compromise on anything borderline, as the
neighbour sounds like a person who might easily bear a grudge or
behave unreasonably. As you probably know, neighbour disputes are a
bad thing to have, especially if there is any chance of wanting to
sell your house. And aggressive neighbours can make life unpleasant
for your family and visitors without having to commit a serious
enough crime to get locked up for.
On the legal issue, I am sure you are right. Especially re the
fence that does not border your neighbour's garden. However, given
the thickness of the average fence and the general floppiness of ivy
I am sure he could always find the odd shoot that spent long enough
over his side to snip it off, and this might look even worse.
I would suggest specifically asking him not to interfere with the
fence that borders the public highway. If he ignores this, it seems
clear he is trying to pick a fight, and may indeed escalate his
aggression until he achieves this. It may then be necessary to seek
legal advice about getting an injunction (or an ASBO!) to stop him
continuing. Try at all costs to prevent him recording even a harsh
word, let alone any action, from you that he can use to pretend the
dispute is not entirely due to his actions.
I think it is very unwise to set your boundaries (sic) over his
treatment of the ivy growing above the fence to his property, as he
might well be able to convince third parties he was trying only to
stop it encroaching on his side, even though you know it is not
true.
--
Percy Picacity
steve robinson
Chris i clearly stated that the fence was the delineating line
between the properties , it effectively sits centrally accross the
centre line
Its been the norm in many areas that you take responsiblity for the
fence on one side of your property although it actually bridges the
centre line
I cant see anywhere that the op stated that the fence was entirely on
his own land which would make the whole situation different
steve robinson
> X-No-Archive: yes
>
>
> "steve robinson" <st...@colevalleyinteriors.co.uk> wrote in message
> news:xn0gvxno...@news.eternal-september.org...
> As a matter of interest, how does it become possible to establish
> if a fence is entirely on 'ones' land given that we may be
> considering at best, 1inch or a tad over onto adjoining property..?
> The amounts of land become so small as to be very nearly
> indistinguishable. In my case, I can demonstrate the fence belongs
> to me (there are historical reasons why that is so) but
> establishing just where exactly the boundary line lays to within an
> inch or so is an altogether different matter I would have thought.
> More so if a neighbour lays claim to 'that' inch or so...
>
> mark
It can be established from measurement from specific key points
dotted around the area (often post offices or crown buildings as well
as churches) on older properties not quite to the inch though
With newer build properties the measurements and positioning can be
set by gps coordination from satalite and groundstation signal
generators very accurate
Martin Bonner
wrote:
Only if the Land Registry or deeds show the corresponding
measurements. They never have in my experience.
> With newer build properties the measurements and positioning can be
> set by gps coordination from satalite and groundstation signal
> generators very accurate
If you have the plans showing the distances from walls to boundary,
then you can measure from walls to fence and see where the boundary
lies. That would work perfectly well for Victorian houses. However,
again, I have never seen such plans.
Chris R
news:616e62c4-fd6b-49be...@b35g2000yqi.googlegroups.com...
There are various legal conventions for establishing the exact position of a
boundary. Among these is the presumption that if one householder is known to
be responsible for the ownership of the fence, it is assumed that the fence
was originally built on his land.
http://www.boundary-problems.co.uk/boundary-problems/legalpresumptions.html
Chris R
steve robinson
The infomation is often found in the original deeds of the properties
, local authorities also hold some infomation
> >> With newer build properties the measurements and positioning can
> be >> set by gps coordination from satalite and groundstation
> signal >> generators very accurate
> >
> > If you have the plans showing the distances from walls to
> > boundary, then you can measure from walls to fence and see where
> > the boundary lies. That would work perfectly well for Victorian
> > houses. However, again, I have never seen such plans.
My old house deeds contan that infomation