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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think I am not responsible for neighbour's (landlord's) trees and that they are separate from the fence?

17 replies

MrsBede · 27/07/2021 18:54

I have a house with a neighbour at a right angle to me on a corner plot. The neighbour's house is rented. I've been here for about 9 years and there have never been any issues. Current tenants have been there about 3 years I think. My drive (which I don't park on because it's horribly steep and I only have 1 car so park across it) has a border with their back garden. There is a small panel fence (3 panels) and also trees with quite low lying branches. Two of the panels have broken, and have been for well over a year. Not only that, the trees are so overgrown that the fences can't be fixed until the trees have been severely cut back. Now I don't really care as it's just my drive so I don't need privacy on it so no big deal to me. I know that about 5 years ago one of the panels blew down and before I could do anything, the landlord had replaced it. That makes me assume it's their responsibility but I'm not sure and can't verify it. I think that the house has since been sold to another landlord but I'm not 100% sure - though it is definitely rented out.

Although I'm not that bothered, the trees are now so overgrown it's a bit ridiculous and it's now at the point that I couldn't use my drive if I wanted to, though I don't so... Also, there is a pavement after my drive that is getting unusable because of their trees and people are having to duck as they walk along. Again, not a massive deal to me personally but still, ridiculous.

Of more concern to me is ivy that grows from their garden and up the side of my house. I understand that ivy damages brickwork and it was starting to block the window of one of my bedrooms so I went round and asked about cutting it back. At that point they told me how fed up they are with their ll and said they would contact her again. The fence is an issue to them because they sit in their garden and are exposed without a working fence. They were very lovely about it and apologetic though, although it's not their fault. They said they were fed up about the trees too.

I have now realised that the ivy is dying back and has gone brown so I assume the tenants have cut it back, which I really appreciate. They have also put a note through my door saying the ll would like to chat with me about the fence and asking for my number. I'm happy to do this but it's pointless until the trees are sorted and I'm absolutely not paying towards that. I thought the fence was that side's responsibility but am happy to go 50/50 to keep the peace and for the sake of the tenants (they also massively helped me out one time) but I'm right to not take any responsibility for the trees. Aren't I?? Just wondering what others think before she rings.

OP posts:
SchrodingersImmigrant · 27/07/2021 18:59

You need to find out if the fence is also your responsibility or not.
Of cource you don't need to pay towards aorting the trees...
If you want to help them, help them put up provisional fence or something, but it wouldn't be smart to just spend money on someone else's property really. The owner could get used to it

Bellringer · 27/07/2021 19:03

Just listen, don't agree to anything. When you are ready agree to what you think is right ring back. You have no obligation
You might get advice on your insurance

Ponoka7 · 27/07/2021 19:13

If the trees have damaged the fence then it's still the LL responsibility, even if you own the fence. Before any agreement is in place about the fence you need an agreement, via Email or text, about maintaining the trees. For a quiet life you could go 50/50, but shouldn't have to. You need to keep on top of this now. Environmental health will step in over the trees on the public path.

MrsBede · 27/07/2021 19:17

Thanks all. Does anyone know if there is a way of checking which boundaries anyone is responsible for? I have tried Google my paperwork but found nothing.

I'm adamant I'm not paying anything towards the trees - I had/have several large ones in my own garden I've had to shell out on cutting down/back and it's not cheap. I'm buggered if I'm paying for anyone else's, but 3 small fence panels seems less of a deal.

OP posts:
MrsBede · 27/07/2021 19:18

and my paperwork

OP posts:
EvilPea · 27/07/2021 19:22

Ivy can damage houses, but it also cools your house and keeps it warm in the winter by about 25%. It’s also amazing for wildlife.
So it’s not all bad, but does need managing.

Cherrysoup · 27/07/2021 19:23

Fences belong to the person maintaining them. Often, possession of the boundary is not mentioned on the plans even if you pay for them. They aren’t on mine. Given the previous ll replaced the fence, I’d say it’s the new ll’s responsibility. She can ask you to go halves, you can say no and tell her to sort it out given it means you can’t use your drive due to her bloody trees and it’s making the pavement dangerous and causing people to dick. I think I’d notify the council of that if it’s causing a trip hazard.

Lazypuppy · 27/07/2021 19:24

Its on your deeds. If you are responsible there will be an inward t in the red boundry. They could be shared though so you may be 50% responsible

BestZebbie · 27/07/2021 20:33

They might just be asking for access to your land to do repairs? I ask my neighbour if I can go into their garden briefly to wood-stain their side of my fence for maintenance every few years.

StoneofDestiny · 27/07/2021 20:57

Ugh - keep ivy off your house.

Thevoiceofreason2021 · 27/07/2021 21:29

You don’t know what they want to talk about - you have jumped to the conclusion they want money. They may want access. You won’t know till you talk to them. Check your deeds - they are available for a small fee from the land register - this should tell you who owns the wall/fence. FYI overgrown trees can undermine foundations and cause damp. It’s best to get the trees cut back anyway.

MrsBede · 27/07/2021 22:04

I know trees can cause damage, hence getting rid of the massive ones in my garden and not wanting to pay for these. They are quite a way from my house though, so hopefully not damaging it. They could get access without asking me - obviously it would be polite to ask but my drive has no gate or anything on it. I wonder if I should ask for contact details myself. The thing is I want this sorted over the summer - I can't deal with hassle in term time if at all avoidable (teacher) and I'm actually away quite a bit in the next few weeks.

OP posts:
WhenwillSleephappen · 27/07/2021 22:22

Look on your house deeds or (I think) the land registry

Dizzy1234 · 27/07/2021 22:38

Don't offer to pay anything until the LL decides what they're prepared to do and try to find out what your boundary is.
As for the ivy growing up your house try to find the roots and cut them. To get the ivy off your wall use a saw and slide it between the ivy and the wall and use a sawing motion and then start pulling it off, if it's goes up high do where you can reach to, get it off then you'll be left with a kind of "fire break" where the top ivy is not joined to the main plant / roots, if you get it off the bottom of the wall the top ivy that you can't reach will die.
If you want the top ivy off get a ladder or an odd job person to help.
I had the same problem with ivy growing up my wall and I managed to get rid of it.

Skysblue · 27/07/2021 23:11

Everyone talks about checking deeds but no one actually has deeds anymore (unless the property hasn’t been sold since 1925) what they mean is the land registry website where you can buy for a small fee - I think £3 - a plan of your property which should hopefully show by coloured lines who is responsible for which boundary.

Some properties do not show this however in which case it’s up to the neighbours to negotiate with each other.

The fact that the landlord replaced it before may not mean much.

memberofthewedding · 28/07/2021 00:11

Maintaining the garden is a tax deductible business expense for the LL. They can replace the broken fence panels with like for like and write off the cost. Similarly the work on the trees but they will need receipts so its best to allow them to arrange the work (f you decide to make a contribution)

Some years ago when I was renting the LL said she would go 50% with NDN to replace the adjoining fence but emphasized that she needed receipts showing cost of materials, labour pus VAT from a recognised company. NDN (not the most honest of people) used cowboys (the kind you pay cash in hand) and was having them do other work at the same time. Also some of the panels were recycled and not new. The result is that they were unable to produce the required receipts and LL declined to contribute. The NDN tried to drag me into the dispute, whining about how unfair it was. I refused to discuss it with them as it was not my business to intervene.

thereisonlyoneofme · 28/07/2021 10:32

Skysblue I have deeds and my house has been bought and sold since 1925!

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