Asking neighbours not to grow plants on our fence

[crunchiest]

We recently had to replace the retaining wall and fence between our garden and the neighbours garden. The retaining wall was on our property, and so was the fence. We asked the neighbours to contribute to the cost of the fence, and they refused, citing “works” they were saving up for.
Legally it was a grey area, with better argument that we should pay for the whole thing, so we did it. It was very expensive, and the neighbours now have a super nice fence to look at instead of the disgusting crumbly one from before. It was done last October and I’ve now seen that the neighbours are now growing all kinds of plants on our fence (on their side) including leaning polls on there for their tomatoes. Aibu to ask them not to do that? The fence is wood and will obviously be damaged by this.

What does the deeds say about ownership? We are responsible for one side not the other.

There's no need to use solicitors. Just write a letter pointing out that attaching to the fence will shorten its lifespan. Also point out that you will be wanting to paint it with preserver most years and doing so will require the removal of their plants anyway. Keep copies of all correspondence.

If it becomes necessary, sue in small claims, for which you don't need a solicitor anyway.

The problem with suing is that it's a dispute you need to declare when you sell and that can cost a lot more than solicitors fees if it puts off buyers.

OP I think it's annoying and will mean the fence will not last as long. But I would probably just tell them you need them to take everything off every August to paint it with preserver and ask they use hooks over the top of the fence instead of nails and screws. If they use nails and screws, take them out each year and patch. Hopefully they will get bored of putting them back in.

I don’t under stand your approach here. What would a letter do? As the poster said, who gives a shit about a strongly worded letter from a neighbour (or to be honest, a solicitor)

and what would the small claim be for? The fence isn’t even damaged. What you’d need is a court order or injunction to stop them growing shit up you’re fence and forget the cost of the fence, you’d be lucky to get change from £30k

Can you spray some weedkiller from your side of the fence that kills their plants? I bloody would!

I would never do that, nor do the bleach thing another poster suggested. I wouldn’t even ask them to pull their tomatoes now. Just next summer.

You can't expect them to stop growing anything along that side of their garden. Tomato plants won't damage the fence. I have never lived anywhere where fences were jointly owned. Usually it's that for example the left side fence is the responsibility of each household. You wanted a new fence and now you have the one you chose, it doesn't matter what the other side of it looks like.

How are the plants attached to it? Just leaning? Or have they drilled into the posts and made wire trellis?

Tomato plants do not ‘climb’ a fence like an ivy would. They will be attaching them to a trellis on the fence. They have to be teased around a planting frame. Now if it was something like ivy I really think you might have a point.

I don’t think there is much you can do about it. As you said with the cost of replacing the fence, it was a bit of a grey area and you chose to do it rather than negotiate with the neighbours.

I don’t think you can disregard this grey area, pay for the fence and claim ownership of their side of it. What next - are you going to tell them what colour to paint it?

It sounds like you’ve been entirely reasonable.

Life is too short, OP.
Find something that makes you happy and concentrate on that instead.

I’m absolutely delighted my neighbour has planted things that trail over my side-stops other people’s cats walking along it then crapping in my garden! I’ve now allowed mine to do the same over the fence which is officially ours, now none can walk along and I am finally free of the little blighters! So grateful to my neighbour for this natural cat-preventing hack 🙏🏻

You asked them to contribute financially to a fence which is entirely on your land?

If they actually don't fix anything your fence it's ok.

You’re as mad as a box of frogs OP. You want to dictate they have to have a bare empty fence in their garden?!!?

I love it. No, they can grow whatever they want. But I do object to: vines, metal poles attached (didn’t check how) to the fence, and them refusing to pay for the wall (which was legally a shared responsibility).

I'm amazed the cats can't walk on plants hanging over the fence I would think it would make it easier as the top is less narrow when covered in plants..

This is why i left the crumbling old fence up between my neighbour and I and put my new fence a foot on my property
i don’t understand why people dont do this when they are paying for it all?

Are there really people this petty amoung us..

Lovely that they are growing veg. Also nice to look at greenery against fence rather than wooden fence sheets.

Maybe try to focus on something else. I get that it's annoying to have had the cost, but it's not up to yiu what they do on their side.

We planted large laurels against our fence.

If the retaining wall is built on your property, they have no right to to physically touch any part of it. As a previous poster pointed out, they can add what they like within their own property line, such as an inexpensive trellis for their plantings. They are lucky that you paid all of the major expense for the retaining wall and attached fencing. They would only need to purchase and install inexpensive light trellis panels for their plantings on their property.

Did you rebuild so that it is entirely on your side of the property line?

I agree it's completely unreasonable for them to refuse to pay a legal shared expense, and then grow vines on the expensively replacement that they did not pay for, which is highly likely to cause damage over time. As mentioned, they should install their own trellis panels which are very inexpensive since they are not structural as your retaining wall is. They can damage and replace their own trellis as they please.

You are being very very kind, almost overly reasonable to wait and ask them not to repeat this next year vs asking them to remove everything immediately. I hope this doesn't set a precedent for them to keep on taking advantage.

YANBU at all. I would worry that you will need to be very very firm, and and repeat yourself multiple times for such CF's to stop taking advantage.

yup same here. Most of the fencing to my garden is owned by my neighbours.

you are completely wrong. It absolutely is the decision of the owner of the fence or wall as to what their neighbours are allowed to do with it. if you fail to control your laurels and they damage the fence, you will be responsible for paying for repair/replacement. How do people not know this stuff?

It doesn't stop cats getting into my garden. Most of my neighbours have something growing on their fences.

Ignore comments saying you're being ridiculous etc. They should have at least asked as it's your property (fence). The law is very clear on this matter; it's your fence. anything anyone else attaches to your fence constitutes criminal damage. If they want to attach things to a fence, they can install their own fence parallel to yours.

Any kind of greenery or post touching a fence will trap damp and encourage rot - that’s a simple fact.