Fences, again, and deeds of covenant. Sorry.

[Whattodowithit]

Hi - I have been reading as much as possible about laws concerning fences that neighbours do not maintain or repair, as I am in the situation of having a fence collapsing into my garden due to the weight of the ivy growing on it, and a (non-resident) neighbour/owner who is not interested in repairing it.

It seems to me that there is no legal way that I can force him to do anything about it, but the deeds to my property say I must maintain my own boundaries. Don't all deeds say this and, if so, is it not legally binding?

If I was to ask permission to go on to his property (it is a large multiple let building) and went about the ivy with a hedge trimmer (a car parking space is on the other side of my fence), could I leave all the trimmings there? There will be a lot. I don't think it's feasible to get up a ladder (waving an electric hedge trimmer) and lean over the fence.

I first approached him about this early last spring when I moved into the property. He won't answer my calls if he knows it's me (so I use different numbers)... I would really like to get the fence upright so that I can plant on my side of it, and I don't want to do it in the spring when the birds are nesting in the ivy.

Any advice, please?

[digerd]

The best thing for you to do is erect your own fence on your side of the boundary. With Civil cases there is no enforcment, and solitors costs will be more than the cost of a fence, most likely.
Good luck

[Whattodowithit]

Thank you digerd. The problem is that the fence is leaning at such an angle that erecting another fence will do no more in the short term than prop it up. If the weight of the ivy was to be removed - and I mean about about a 3ft overhang on the other side (we've removed it all on our side) - it may stand a chance of being pushed and remaining upright. Putting up a new fence will surely fail when the weight of what it is propping up becomes overwhelming.

Out of interest, I've had a quote of about £1200 to replace the whole fence line on that side, which I really can't afford, especially as it isn't my fence.

[blibbleflop]

You could write to your neighbour and offer to remove the ivy on his side at your expense.