neighbours vegetation causing damage to my property

mikeyranson · 7 July 2018 at 12:29PM

I have a rental property next to mine where the landlord, managing agent and the tenants take no care of their rear garden. Over the years i have had to send many emails to the agent about the vegetation in the garden that is continually overgrowing where i have to cut back myself. These last few years, i have thrown the cut off branches back over into their garden as it is not my tree.
There are now a number of small trees/plants growing out of the wall on their side, which has in turn, cracked my garden wall and also now causing damage to another part of the wall that backs up onto my downstairs bathroom. I have spent thousand on preventing damp on this part of thebuilding and the last thing i want is their vegetation now destroying my property any further. The agent, drags their feet. They claimed that the plants/roots have been sprayed but after several months, there is plenty of green left in the plants which tell me that they are still growing.

Can i threaten them with court action to do corrective action to remove/spray off these plants causing damage?
Can i make a claim to rectify damage already done?

Damage has already occured which i have been patient with but now, i have had enough. I have plenty of evidence with photos and emails as well as the constant flow of non-replied to emails. The agent is what i call a below standard agent. pretty much what you expect from a managing agent, do nothing that costs money. There is zero maintenance of the garden. I also believe that a rotting garden shed is housing rats which may explain the increase of rats in the area.
many thanks

Carrot007 · 7 July 2018 at 12:35PM

mikeyranson wrote: »

These last few years, i have thrown the cut off branches back over into their garden as it is not my tree.

So you are a bad neighbout too. You are to offer the overhang back and if they do not accept you are responsible for its disposal.

mikeyranson wrote: »

There are now a number of small trees/plants growing out of the wall on their side, which has in turn, cracked my garden wall and also now causing damage to another part of the wall that backs up onto my downstairs bathroom

I am having trouble imagining this. Pictures please.

mikeyranson wrote: »

Can i threaten them with court action to do corrective action to remove/spray off these plants causing damage?
Can i make a claim to rectify damage already done?
.

You can do as you like. Wheather you will win is a different thing. From what you have said so far I say maybe.

mikeyranson wrote: »

The agent is what i call a below standard agent. pretty much what you expect from a managing agent, do nothing that costs money.

The agent is not responsible, the landlord is. This is why they do not care about such things. The agents are not responsible for sepdning money, the landlord is, and if he wont pay then the agent is not going to do so (and not many agents would involve themselves with garden maintainance anyway). Have you contacted the landlord about this?

moneyistooshorttomention · 7 July 2018 at 12:49PM

I know that's how the law goes - ie if they don't accept their overhanging greenery back, then I believe one should (legally speaking) dispose of it.

But that's going to cost money one way or another - as Councils charge for garden waste disposal.

In OP's position - I'd throw it back over the wall too and think "Your plant = your charge".

Davesnave · 7 July 2018 at 1:00PM

The Access to Neighbouring Land Act makes it mandatory for the landlord to allow you access to cut back / remove any plants growing out of your house wall, but to use it you'd have to seek permission formally first.

A far simpler/quicker way would be explaining your concerns and asking the tenants if they minded you coming in to do this at a time agreeable to them.

As regards the rest, you are in much the same position as those of us who have non-gardening neighbours, or neighbours who like burglar deterrent roses etc. Most of us just accept the extra work this causes and get on with it, because court action etc is OTT, expensive and would probably not achieve the outcome desired long-term.

sevenhills · 7 July 2018 at 1:25PM

mikeyranson wrote: »

There are now a number of small trees/plants growing out of the wall on their side, which has in turn, cracked my garden wall and also now causing damage to another part of the wall that backs up onto my downstairs bathroom.

Trees growing out of a garden wall is quite unusual. Who owns this wall? What height did these trees get to?

How is a garden wall affecting a bathroom?

mikeyranson · 8 July 2018 at 11:05AM

When i say trees, these would be young trees that will grow into bigger trees. There have been a couple of small trees that have been growing bigger each year and every year on the wall. The roots are inside the wall. i need to cut back the best i can.
Why should i do their work for them. It takes time and effort to clear somebody elses crap year after year. Now it is causing damage to my wall with cracks very obvious. When i have spent thousands on renewing my bathroom, the roots can POTENTIONALLY cause damage in a few years time.

AndyMc..... · 8 July 2018 at 11:11AM

moneyistooshorttomention wrote: »

I know that's how the law goes - ie if they don't accept their overhanging greenery back, then I believe one should (legally speaking) dispose of it.

But that's going to cost money one way or another - as Councils charge for garden waste disposal.

In OP's position - I'd throw it back over the wall too and think "Your plant = your charge".

So what are you currently doing with your garden waste?

sevenhills · 8 July 2018 at 11:12AM

mikeyranson wrote: »

When i say trees, these would be young trees that will grow into bigger trees. There have been a couple of small trees that have been growing bigger each year and every year on the wall.

Is it not posible to cut them back and kill them, if you are going back year after year you are making more work for yourself.

mikeyranson · 9 July 2018 at 1:41PM

I dont have garden waste. it is a patio. I have thrown all previous clippings back of to theirs. They dont maintain their garden which has a rotten shed in there. The grass is good enough for a silage crop

Hoploz · 9 July 2018 at 5:45PM

I have a little more sympathy than some of the others above have given. I get where you're coming from, it must be a real nuisance when you want things right and the plants are encroaching.

I think it needs to be the landlord you speak to about this. It's hard to know how involved they are - the managing agent won't care and won't see the problem as they're not living with it, so chances are they haven't even passed the messages on to the landlord, and he probably has no idea how upset you are about it. You need to try and speak to the landlord directly and get them to realise it needs dealing with eg by them organising a gardener for maintenance once a month or something.

mikeyranson · 10 July 2018 at 3:12PM

thanks hoploz
the people who use this site want to go for the juggler and find fault with your question and offering no help what so ever. I cant contact the landlord due to the new rules of sharing information so i have to go through the agent. I have this week told them that i will give them to friday or i will take court action against them. Bluff them and make them sweat alittle. Just wanted some feedback from others who may have had similar experience. I believe i am able to issue court proceedings as i have several years emails to them as evidence. plenty of photographs and invoices of the works i have had carried out on damp proofing my bathroom. There is already cracks in my garden wall from previous trees in theor garden and the emails show that the agent has failed to act upon at every opportunity. I have done nothing but chase them.
thanks for your input

neighbours vegetation causing damage to my property

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