Plants going through/ over fence to neighbour

[DoreenGrey]

Hi, I live in a terraced property. The fence which I own, and had put in several years ago, is open slatted, so plants by the fence in my garden are able to grow around the slats and are of course visible to the neighbour’s garden on the other side.
My neighbour calls this “overgrowth” and asks me to remove it. One of the plants on my side is Virginia creeper, it was there before I moved in. This will grow up and over the fence. It has also crept along under his decking and has popped up at the back end of his garden, which happens to be the side wall of another house, which fronts onto a street round the corner.

He wants me to remove the plants that come through the (my) slatted fence, and the creeper that is going up the wall at the back of his garden (the same wall is across the back of my garden too). He also gave me the ‘option’ of him calling the garden people he uses (to wash his decking), to do it, with the expectation that I will pay for this!

Could anyone who knows what the rules / law is on this please advise?

And is there a website / other source anyone can recommend that I can quote from when he tries to argue?

Thank you!

Okay i am going to show my garden because i just wish people would get as stuck in to gardens as interiors, its good for our physical and mental health.

Down with clipped shrubs and regimentation!

That is gorgeous @Bannedontherun 😍

I am totally with you. I don't like regimented gardens. Well that's my excuse for my slightly wild garden!

Wild is good

But you’ve chosen to grow an invasive plant up a slatted open fence!! YABVU

You’re luckier than me with neighbours!

Legally I am pretty sure it’s his responsibility. We are currently paying to reduce a tree which is owned by the council and is growing over our garden. I contacted them and they said we are permitted to do it but it’s our responsibility not theirs.

From chat gpt (but also my understand based on encounters with the councils on their tress);

In the UK, you are not legally obliged to cut back plants that are growing into your neighbour’s garden — but your neighbour is legally allowed to cut back any branches or roots that cross the boundary onto their property (unless you’re in a conservation area or the tree is protected by a Tree Preservation Order).

Here’s how it works:

• Your neighbour has the right to cut back overhanging branches or encroaching roots to the boundary line.
• They must not trespass onto your land to do this without your permission.
• If they do cut anything, they should offer to return the cuttings to you — but you don’t have to accept them.
• If the tree or plant is damaged or destabilised by their pruning, and it was done carelessly, you may have a legal claim for damage.

What about your responsibility?

• You’re not required to trim the plant on your side unless it’s causing actual damage (e.g. to their foundations or fence).
• However, if the plant is dangerous (e.g. at risk of falling or obstructing visibility on a public road), you could have a legal duty to act.
• If your plant causes property damage, you could be liable in nuisance or negligence.

I think she said it was there when she moved in so technically she didn’t choose to grow it but either way, it’s not her responsibility, it’s his.

Legally you’re right, of course. But she chose to put an open fence in. That must look crap from his side now. I still think that’s a dick move on her part.

I had to consult a solicitor about a more extreme version of this and was told that the owner of the plant is very much liable.

My solicitor said the term is “legal nuisance” if the plant is causing damage or interfering with the property owners ability to enjoy their land or home in any way.

In this case it seems to me that you should appreciate your neighbour’s feelings even if you disagree and trim back any plants which are on his land or property.

Perhaps you might consider changing the style of fence to make things easier in future too.

Op, how about being a decent neighbour? You are upsetting him why don’t you do something to stop this? It is obviously affecting the enjoyment of his property and you think this is ok?

Absolutely gorgeous. I wish you lived next door to me and your plants would grow through my fence! I can't understand why someone wouldnt want plants in their garden, and why we as humans have decided they are a nuisance!

If this bloke hates nature so much he can just prune the plants on his side surely. Virginia creeper is beautiful, I wish some was growing into my garden!!

Did you miss the bit @SloppyThePoodlewhere she said the Virginia creeper is going up the wall at the back of his garden and under his decking?
It’s selfish and I hate the ‘I’m alright Jack attitude some people seem to have’.

Nothing is stopping him pruning it. It's a bit silly imo to be annoyed at plants growing outside, because that's where they live.

It's more ridiculous to stop the op growing plants outside in her garden. God knows we need more for pollinators and birds out there.

You're entitled to your opinion, as am I.