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Legal matters

Fence blown over

7 replies

MurielTheActor · 05/01/2012 13:20

If there any property matters lawyers out there....:
Part of our front garden fence has blown over in the wind. It has fallen on to our land and is our fence. It is quite old and is clearly rotten (and was on the 'to do' list - we've only been here a year).
BUT the section that has fallen over is topped by ivy growing from the neighbour's side. I trimmed it back on our side a few weeks ago. Given that the weight of the ivy has made the fence less stable would the neighbours be at all liable in helping foot the bill for the fence replacements?

OP posts:
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Collaborate · 05/01/2012 16:58

For the sake of good neighbourly relations I'd just stump up for the fence to be repaired yourself and ask them nicely to kill off the ivy. What's the cost? £100? Falling out with your neighbours can make your life hell. we have ivy destroying our fences. One one side it's out neighbour's ivy, and on the other we can't work out whose side it's growing on as it's rooted on both sides.

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Grockle · 05/01/2012 17:00

I'd just replace it tbh. Maybe talk to them about the ivy if you are worried about it.

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RedHelenB · 05/01/2012 19:55

If it's rotten that has nothing to do with the ivy. Your fence, your repair, they don't last for ever!

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sneezecakesmum · 05/01/2012 20:53

Can't imagine how you would sue them for the cost of the fence with the ivy. Small claims court would expect significantly more proof than the fact that the ivy was growing on the fence, especially as the rest of it (sans ivy) also fell down!!

Note to self....must cut down our rampaging ivy growing up next doors fence Wink

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mumblechum1 · 06/01/2012 11:33

This has reminded me to sort out similar problem; neighbour's ivy on their side of our 17th century brick & flint wall is actually growing through the wall and pushing the flints through.

Ivy is a bugger.

We'll just get the wall repaired at our cost though, the neighbour is a pensioner and it's going to cost £££ but will certainly ask/offer to kill the ivy on her side.

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CarrotsAreNotTheOnlyVegetables · 06/01/2012 12:10

Have you checked to see if this would be covered by buildings insurance, as it was blown over by the wind? Look at your policy, it will specify what wind speeds must have been exceeded for it to qualify as storm damage. As most of UK had winds in excess of 70mph i think it is likely you could claim.

The fact it was rotten may mean that they will not pay the full cost of the repair but they should pay at least some as the fence would not have fallen over without the high winds.

However, if the repair cost is likely to be low it may not be worth making a claim.

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sneezecakesmum · 06/01/2012 13:16

Worth checking buildings insurance, yes, but our insurance company wouldnt pay out Sad

mumblechum...sort out that ivy asap. Last summer I had a go at removing some of our ivy which was rampaging over all our fences as i needed to remove a small fence. Talk about jungle warfare. It had eaten its way into the wood itself! I was using a jigsaw and drill to just cut through it, the fence itself was a gonner!

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