Neighbours Clematis Montana

[L1zzy]

Hi folks - I have a little local difficulty I would like to air and get views on. One gable end wall of my cottage juts out in front of the line of 5 neighbouring cottages in the Terrace I live in (it was the first cottage in the row built in 18thC) and in Victorian times everyone else built round me. The gable wall is therefore a Party Wall and it was (ill advisedly) and by a previous owner rendered in cement 4 years ago - the cement is now cracking and exterior (paint) is peeling away. My neghbour on this side is somewhat fractious and unpredicatable.She has reacted aggressivley when asked politely if she would mend cast iron guttering that has long been gushing water down into my garden and frankly I'm a bit scared of her as she is so aggressive and unpredictable. My problem is that a Clematis Montana has been planted at the base of my gable wall and is now consuming everything around it - its like a triffid even covering her windows (which is ok somepeople like to live in the dark) but my gable end wall is now extremely damp making the internal inglenook fireplace mouldy and I get a very strong whiff of damp when I enter my cottage,the internal and external wall paint is peeling away and the carpets to both ground and first floors are now mouldy where they touch the internal side of thiswall.

Does anyone know if there is a law which says that a neighbour has to ask permission before growing planst against or up another neighbours wall - i keep finding snippets on the net but need confirmation .My master plan is to have gabel end concrete removed and teh wall repointed in lime &/or rendered in lime the clematis will have to be removed to do thsi but then I plan to writ eto the neghbour to say now work is done please do not plant things against the wall unless I have given permission.

Previously when I have asked about neighbour stuff I got short shrift from you all - believe me this neighbour is not just a 'bit grumpy ' and if I could I would try to just talk but she swears and gets nasty and abusive if I go to do this...help

 

[Edwardia]

http://www.gardenweb.com forum is very good, I'm sure thee are people there who could help on law and plants if no-one on here knows. I'd think you must be able to have access to your on wall to repair it, even if it does kill her clematis.

 

[Schoolmarm]

Go to gardenlaw. co.uk forums. They know their stuff. That sounds complicated anyway, if it is all party wall, you can't go and point it because it is not yours and if that jutting bit is NOT party wall you still don't have automatic access rights for maintaining it.

You need to look long and hard at your deeds.

 

[Gareth Hughes]

Hi folks - I have a little local difficulty She has reacted aggressivley when asked politely if she would mend cast iron guttering that has long been gushing water down into my garden and frankly I'm a bit scared of her as she is so aggressive and unpredictable.

She may well be, but in respect of the discharging rainwater onto your land she is also in the wrong (Rylands v. Fletcher [1868]). Sue her.

It is not an offence to let water run off onto nearby land unless the flow has been artificially concentrated in a particular place - and I suspect your solicitor might well be able to argue that by failing to maintain her gutter precisely such an artificial concentration is occuring because of her negligence.

 

[MdB]

Would I be correct in saying that the wall in question is your wall and supports only your building with only a garden on the other side? If so I don't think this counts as a party wall but I may be wrong.

The clematis belongs to your neighbour but it appears to be using your house for support. I believe this situation arose before on this site in another thread. Can't remember the details though as to what the rights are but it did raise an important point of discussing it first with your neighbour before getting lawyers involved. Often problems like this can be sorted with a quick conversation over a cup of tea. As it is unlikely to cost your neighbour anything it might not be a contentious issue. Obviously this might be difficult to do if you don't get on with your neighbour so it might be worth getting a third party to make the call on your behalf.

 

[Juju]

According to what I've read on the gardenlaw forum, yes, it is a criminal offence to grow anything up a neighbour's wall or fence. I'm not sure of the best way to approach her though if she's a bit unpredictable. A nice letter or conversation initially but if it's causing damage to your property, then you may have to resort to a solicitor's letter in the long run.

I've had a similar issue - the property next to me is rented and the tenants aren't too worried about gardening and ivy was allowed to grow up our house. Luckily we can just walk on to our neighbour's garden (they don't mind) so we cleared most of it and then paid a gardener to remove the rest. However, in the process of pulling it off the roof, a slate fell off and the aerial lead was damaged. We didn't complain to the owner as we park on his land so we like to keep good relations! Obviously the ivy started growing again but again luckily, the owner's maintenance men were doing some work and I asked them to clear it and they did (for the price of a cup of coffee!). It will be an on-going problem for us I guess but I am loath to speak to the owner about it unless I have to as I know other neighbours have fallen out with him but so far, we've had no problems.

 

[FamilyWiggs]

Of course a partial solution would be to surreptitiously weedkill the clematis under cover of darkness... done with weak concentration over a period of a couple of weeks and they won't suspect anything...

Of course, Miss Marple would work it out though, and I am sure none of us would ever condone such a radical course of action. :twisted:

However, it would then leave you freer to address the rendering issue unencumbered by errant foliage.

 

[Edwardia]

Wicked idea..but with the rain we've been having lately systemic weedkiller might just wash off

 

[Moo]

I've always understood that clematis is a climbing plant that needs some sort of support (trellis, wires, another plant..) to scramble up - not a self-clinger like the ivies. So it could be that if your neighbour has fixed something to your bit of wall without your knowledge or permission you really do have grounds for complaint.

 

[L1zzy]

Hi all - and thankyou for all your ideas and thoughts - just want to clarify something - if you are looking at our terrace of cottages from the side (all front doors are facing to your right) my cottage juts out by about 5metres in front of the 4th cottage so my gable end wall forms a sort of right angle seating area with the owner of number 4's front wall. This seating area forms a sort of platform and they have created it out of concrete and paving slabs and stands about 2ft high against my gable end wall .The clematis is ,you are correct ,not self clinging but because it has been allowed to grow so big it is using itself to clamber up my wall ie there is a dense undergrowth from previous years which now forms a platform at teh base of teh wall (main cause of mould and damp in my inglenook and bookcase) .The clematis has now reached the full height of my neighbours front wall to her cottage. I have had to be extremely diligent in nipping round when tenants are out to pull any tentacles reaching my roof back down to ground level . I have previously asked the tenants to cut it back but they snip minor 'bits' off about 6 - 12 inches and it makes absolutely no difference to the problem as within about a month its all grown up again.Owner is very unpleasant and I'm begining to feel my only recourse will be to legal .

Thanks for your views all - ain't life grand?

 

[Lime]

The major problem you have is not what the clematis may do it is what the raised paving is doing to your wall.

 

[Moo]

We had a neighbour a bit like yours, once. Too late, we realised that he interpreted our over-socialised politeness as weakness, and the politer we got, the more aggressive and unpleasant he became. If only my OH had been built like a brick privy, with tattoos to match, and been able to loom menacingly, he'd most likely have caved in and been no trouble at all. As it was, we ended up with over a year's wrangling and a huge legal bill.
Anyway - a clued-up surveyor would, at a price, produce a report on the damage caused (and likely to be caused) by the raised bed and the plants, and you would then have something pretty powerful to wave under the neighbour's nose. And then you could take Gareth's advice and sue him.

 

[L1zzy]

Moo - so true and in fat what I'm now minded to do - it really has helped to talk thsi through and thankyou to everyone who added their 5 penny worth esp Gareth and Moo and Middi. I knew I could count on you all!

 

[Nigel]

I can only endorse Moo's comments. We have a testy relationship with our neighbours due to trees along our boundary. When they applied for planning permission for an extension, which would overlook our garden, we almost did not object for fear it would escalate the issue. Instead, after careful consideration as to our rights, we lodged an objection and I told the neighbour face to face that we had lodged an objection and why. He took it on the chin, recognising our objecting to a window overlooking our garden was justified (the planners rejected the application).

Stand up for your rights - your neighbour is riding rough shod over you just now given your damp issues etc.

 

[Lime]

I think it is worth emphasising at this time, prior to any solicitor' letters etc., that such action can effect selling of the house in the future.
That works both ways of course and that fact may be worth pointing out to your neighbour.

 

[Nemesis]

I'd also check with your insurance that you are covered for this sort of legal case, and contact the insurers before doing anything.

Taking legal action costs a fortune. Try mediation first.

 

[Schoolmarm]

You use the word "tenants" twice in one reply. Are they tenants? If so I think you should be approaching the owner about the concrete base and cement render and possibly the clematis.
Agree too with Nem re insurers.

I would use roundup on the clematis, they would never know as clematis drop dead all the time.