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  • FIRST POST
    • mikeyranson
    • By mikeyranson 7th Jul 18, 12:29 PM
    • 62Posts
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    mikeyranson
    neighbours vegetation causing damage to my property
    • #1
    • 7th Jul 18, 12:29 PM
    neighbours vegetation causing damage to my property 7th Jul 18 at 12:29 PM
    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
Page 1
    • Carrot007
    • By Carrot007 7th Jul 18, 12:35 PM
    • 1,384 Posts
    • 1,150 Thanks
    Carrot007
    • #2
    • 7th Jul 18, 12:35 PM
    • #2
    • 7th Jul 18, 12:35 PM
    These last few years, i have thrown the cut off branches back over into their garden as it is not my tree.
    Originally posted by mikeyranson
    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.




    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
    Originally posted by mikeyranson

    I am having trouble imagining this. Pictures please.




    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?
    .
    Originally posted by mikeyranson

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




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

    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?
    Last edited by Carrot007; 07-07-2018 at 12:38 PM.
    • moneyistooshorttomention
    • By moneyistooshorttomention 7th Jul 18, 12:49 PM
    • 16,165 Posts
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    moneyistooshorttomention
    • #3
    • 7th Jul 18, 12:49 PM
    • #3
    • 7th Jul 18, 12:49 PM
    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
    • By Davesnave 7th Jul 18, 1:00 PM
    • 25,570 Posts
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    Davesnave
    • #4
    • 7th Jul 18, 1:00 PM
    • #4
    • 7th Jul 18, 1:00 PM
    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.
    If you are finding huge gaps between your paragraphs, MSE know about the problem. However, they aren't necessarily doing anything about it. More changes on the way?
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • sevenhills
    • By sevenhills 7th Jul 18, 1:25 PM
    • 1,334 Posts
    • 492 Thanks
    sevenhills
    • #5
    • 7th Jul 18, 1:25 PM
    • #5
    • 7th Jul 18, 1:25 PM
    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.
    Originally posted by mikeyranson

    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
    • By mikeyranson 8th Jul 18, 11:05 AM
    • 62 Posts
    • 15 Thanks
    mikeyranson
    • #6
    • 8th Jul 18, 11:05 AM
    • #6
    • 8th Jul 18, 11:05 AM
    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.....
    • By AndyMc..... 8th Jul 18, 11:11 AM
    • 1,753 Posts
    • 1,075 Thanks
    AndyMc.....
    • #7
    • 8th Jul 18, 11:11 AM
    • #7
    • 8th Jul 18, 11:11 AM
    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".
    Originally posted by moneyistooshorttomention
    So what are you currently doing with your garden waste?
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • sevenhills
    • By sevenhills 8th Jul 18, 11:12 AM
    • 1,334 Posts
    • 492 Thanks
    sevenhills
    • #8
    • 8th Jul 18, 11:12 AM
    • #8
    • 8th Jul 18, 11:12 AM
    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.
    Originally posted by mikeyranson

    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
    • By mikeyranson 9th Jul 18, 1:41 PM
    • 62 Posts
    • 15 Thanks
    mikeyranson
    • #9
    • 9th Jul 18, 1:41 PM
    • #9
    • 9th Jul 18, 1:41 PM
    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
    • By Hoploz 9th Jul 18, 5:45 PM
    • 3,693 Posts
    • 3,229 Thanks
    Hoploz
    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
    • By mikeyranson 10th Jul 18, 3:12 PM
    • 62 Posts
    • 15 Thanks
    mikeyranson
    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
    • spadoosh
    • By spadoosh 10th Jul 18, 3:48 PM
    • 5,280 Posts
    • 7,184 Thanks
    spadoosh
    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. Bad is subjective, i dont think doing this makes the OP a bad neighbour myself







    I am having trouble imagining this. Pictures please.

    Probably not the OPs particular issue but you should get the drift..



    You can see how damage has been cuased either side of the base of the tree. As for the otherside of this wall im assuming its mud and as such wont be that badly damaged, remove the mud apply a render and the tree roots will mean itll be lucky to last 6 months before it starts getting forced off.






    Originally posted by Carrot007
    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?
    Originally posted by sevenhills
    Its not. Go along any train track and i reckon youll see it hapening within 5 minutes. Near me there is a buddleia (normally always buddleia) growing in to the side of a building that is 30 ft off the ground.

    So what are you currently doing with your garden waste?
    Originally posted by AndyMc.....
    I wouldve assumed they where paying to dispose of it, why they would want to pay more to dispose of someone elses stuff is beyond me. Past that the op has come out and said they dont create garden waste excluding that of the neighbours.


    @ the op. You should be able to recover costs providing you can prove them and the landlord is found to be negligent. Unfortunately there isnt a huge amount you can do with regards to making them keep on top of things. On that basis i would be issuing a bill every time the slightest bit of damage came up to encourage them to spend the money on offering a solution over temporary fixes.

    Davesnaves approach is probably going to be the best result for you, minus having to do the work yourself, at least if you do it that way youve got the most amount of control over it.
    Don't be angry!
    • Davesnave
    • By Davesnave 10th Jul 18, 10:06 PM
    • 25,570 Posts
    • 93,571 Thanks
    Davesnave
    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.
    Originally posted by mikeyranson
    Really? I presume you mean 'jugular,' but it is a balancing act, right enough.

    The advice I offered was based on my own experience of having over 1/2 kilometre of boundary to look after in one way or another. Not counting the general public, I have 7 neighbours, all of whom test me, or have expectations of me. They need different approaches/handling, but threatening them with court action isn't one I've used or would recommend.

    Let's take an example closest to your situation:

    One neighbour is a thatcher's storage barn and yard with about 100' of rough ground next to my hedge. The hedge was planted by me because I was smart enough to see that Mr Thatcher wasn't going to replace his 8' fence, so we still have a boundary now that's falling down.

    The ground next to the hedge was rough and full of bramble, docks, nettles and other nasties, so I arranged to go around twice in the growing season and hit these with a selective professional weedkiller. This takes half an hour. Mr Thatcher is cool with it, but has no idea what I do, or why most of his nasty weeds have now turned into harmless grass.

    Total cost to me about 2 and an hour of my time per year. I call that a bargain.

    But you carry on with your legal threats.....

    By the way, GPDR notwithstanding, for 3 you can find out who any registered property is registered to at the Land Registry, but I think you'll find it's actually the tenant who must take the rap for the state of the garden. The landlord's interest in that only occurs at inventory time, when it's usually expected to be in the same (or better) state than it was at the start of the tenancy.

    So that's why it's not a bad idea to approach the tenant.....but this is where I came in....

    Sorry I can't be of help.
    If you are finding huge gaps between your paragraphs, MSE know about the problem. However, they aren't necessarily doing anything about it. More changes on the way?
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • mikeyranson
    • By mikeyranson 11th Jul 18, 11:21 AM
    • 62 Posts
    • 15 Thanks
    mikeyranson
    thanks bothf or your input. I'm sure that the contract with the tenant does state that they are responsible for the garden. But dont forget, these are tenants who dont give two shits about gardens and being courteous to neighbours. What is shown in theabove photos, could potentially become like my wall in many years if left. I work on the railways myself and network rail spend millions cleaning walls, viaduct and bridge butments yet do nothing on the maintenance level to stop them growing or even trimming/cutting back when growth overcome structures.
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