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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour keeps cutting our climber on our trellis

13 replies

Nineveh · 02/06/2018 16:00

We have a wisteria in our garden and when we moved in last year our neighbours told us it had previously got out of control and the weight of it had made the fence collapse leading to a new fence (which the previous owners contributed to because it was their plant.)
Our neighbour made it clear she didn't like the wisteria and wanted it removed entirely but the previous owners had refused.
We've been here a year and we have pruned it really hard and put up a trellis to support it. But our neighbour keeps cutting it when we go out! We're just back from a week's holiday and she has not just cut the bits at the top of the trellis but has clearly either been in our garden or got a ladder and leaned over to cut it right back on our side too.
Is she allowed to cut plants on our trellis where they weave in and out so are visible to her?
I don't want a big confrontation but clearly need to resolve so any advice would be much appreciated! Thanks

OP posts:
MikeUniformMike · 02/06/2018 16:05

If your neighbour is cutting your plant it is criminal damage. They can legally cut the parts of your plant if it is overhanging but they need to give you the cuttings.
You need legal advice.

ziggiestardust · 02/06/2018 16:06

Have you asked her about this? Just go round and say ‘I noticed you’ve been cutting my plant, can you not? I’m sure you’re trying to help but we’re keeping on top of it fine’.

yoyo1234 · 02/06/2018 16:09

Agree with PP however, sounds like it may be their fence . If your plant is damaging their property ( fence) you may be liable for damages. Can you ensure the wisteria is entirely on your trellis. Oh and is your trellis also attached/ on their fence?

wormery · 02/06/2018 16:10

I think she can cut it if it intrudes into her garden or is higher than the fence but going into your garden is trespass and leaning over the fence into your property is not allowed. I would tell her that she is not to do this, you will keep it under control and speak to citizens advice or legal advisor if there is a problem. Is there a fence, if so who does it belong to, where is the trellis, could you support it somehow without it being anywhere near the fence.

Wearelocal · 02/06/2018 16:34

Please don't get into a dispute with your neighbour about Wisteria. Certainly don't seek legal advice. If you move you will have to declare the dispute. Is it their fence? (Even if the previous owners contributed to its cost). If so, I would move the Wisteria or ensure it is not visible to them.

DevilsDoorbell · 02/06/2018 16:39

Our neighbour has a wisteria and it drives us mad as it takes over the whole hedge. Dh wants to cut down the whole bloody thing (he obviously won’t). Our neighbour doesn’t keep it under control (to be fair she is an old lady) and it is currently growing up a tree in our garden and taking over.

Usually I would be siding with the op, on this occasion I’m afraid I’m with your neighbours.

Btw we have a wisteria in our front garden and make sure it doesn’t impact anyone else.

zzzzz · 02/06/2018 16:42

This reply has been deleted

Message withdrawn at poster's request.

zzzzz · 02/06/2018 16:42

This reply has been deleted

Message withdrawn at poster's request.

daisypond · 02/06/2018 16:49

She can cut it if it intrudes into her garden space. She certainly can't cut if it grows higher than the fence, not if it's a self-supporting plant. If the plant isn't self-supporting it's a different position.. How tall is the trellis/fence? There's a maximum height you're legally allowed to have. If you've put trellis on top of, say, a six foot fence, you could easily be above the maximum height. She certainly shouldn't be going into your garden or garden space and cutting your side of the plant.

Nineveh · 02/06/2018 16:55

I'm going to speak to her when I see her as I really don't want an ongoing dispute. It's the fact she didn't mention it and then cut it while we were away that's the real problem - makes me concerned that it might not be the easiest conversation (and I hate confrontation). I'll use the line 'you were probably trying to help but...' and hope she complies!
We can't move it - it's really old with an enormous root which I think even a professional would struggle to get out.

OP posts:
Nineveh · 02/06/2018 16:58

The fence is 5 ft and the trellis isn't v high above it so I don't think the height is a problem.

OP posts:
Wearelocal · 02/06/2018 17:04

Just bear in mind it sounds like an issue long before you moved in. Maybe a bottle of wine and a 'can we solve this' approach. If your trellis is above the fence that's the problem. We have Wisteria and had no idea how much it would encroach on our neighbours (it took about 4 years to really flourish). Luckily our neighbours like it and we have it professionally pruned so it doesn't get out of control.

wormery · 02/06/2018 17:05

If it's her fence then you can't attach a trellis to it. If it is her fence I would put a support or fence panel in front of it, cut the wisteria back so that it doesn't touch her fence at all.

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