My Fence- come/Neighbours

johnbar

My back garden fence backs onto a Council run allotment, my fence is not in the best of health but is covered with ivy and such like, that in a way, they are a support for each other, A few weeks back, without me being informed ( which i feel i should have done) they cut off all the overhang growth on their side, thus making the fence unstable, and now has to be renewed at my cost, if i had been informed before they proceeded they or me could have done it in a more measured way, so as to give it, more years service. the cost is going to be around £600 materials plus my labour, in which i can ill afford. Are they in the wrong?

-taff

They are allowed to cut off overhanging growth.

If your fence can't stay up without it, it must have been a whopping amount. They are not in the wrong.

Dustyevsky

As -taff says, they are entitled to cut off any overhanging foliage. Legally, that's the long and short of it.

It was maybe not obvious the fence was in a parlous state when the work was commenced. Or maybe it was, and the Council workers thought it might end up on their land. It's impossible for us to know what their intention was.

johnbar

https://forums.moneysavingexpert.com/discussion/comment/81994804#Comment_81994804

Yes, but as i said, i should have been informed, but was not? if i had have been i would still have a boundary barrier? i have looked it up, and i should have been informed before they stated.

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/81994854#Comment_81994854

Where did you "look it up"? A neighbour has no legal obligation to inform you before clearing foliage from their side of your fence (ie. on their property).

teaselMay

Why should you have been informed? If foliage is over hanging their property they have every right to remove it

PennysIntoPounds

While they aren't legally in the wrong, it would have been polite to consult you- maybe contact the council asking for them to do so in future. Though could it have been the allotment tenants rather than council workers? Contact council politely and see what they say.

However as far as I'm aware you aren't legally obliged to have a fence/wall/hedge unless you have young children or animals like dogs or chickens, so if it suits you, you could just have a much cheaper boundary of rope or chain or rocks as markers.

You never know, you might become mates with the allotment people and get some free fruit and veg!

twopenny

No they aren't in the wrong. Where are the stems of the ivy growing from? Their side, your side or both?

You say they cleared the overhang. So it's either your plant hanging over their side - or their plant on their side. They are entitled to cut it back without telling you.

Just lucky they disposed of it and didn't return it to you if it's yours.

Always sad to hear of dense ivy being cut because it provides a home and food for bats, birds and insects. One of the most wildlife friendly plants.

Dustyevsky

johnbar:i should have been informed, but was not? if i had have been i would still have a boundary barrier? i have looked it up, and i should have been informed before they started.

You are confused about the law concerning councils working on private land. The council would have to give you notice of this work if they needed to enter your property. However, it seems they could do the clearance from their own property so that situation didn't arise.

It also sounds as if you wanted to tell the council workers how much ivy they could remove, but you have no authority to do that.

sheramber

Maybe you should have been maintaining that side of the fence so that the ivy didn’t overhand their side.

Dustyevsky

https://forums.moneysavingexpert.com/discussion/comment/82003369#Comment_82003369

OP hasn't felt the need to return since 11th May. After all, we did answer their question.