Damage from Neighbours Vegetation

[Swervin_Mervin]

I got no common sense answer to this query on PH (not surprised really) so would be interested if anyone (Jobbo) can answer this.

What are one's rights when it comes to vegetation that is coming through a boundary and causing damage to the boundary - i.e. a close-boarded fence? In this case it's ivy, and it's starting to come through both the close boarded panels as well as between where the panels meets the posts, on a 6ft fence. In parts the ivy is 6ft high on the neighbour's side. Fence is otherwise pristine and it wasn't cheap when we had it installed 15 years ago.

Said neighbour is unwilling to do anything about the vegetation. Oh and the neighbour also just happens to be Network Rail...

I'm not interested in suggestions of how to physically tackle it. Just whether there are any legal protections etc.

[dinny_g]

What’s the national Rail land like? Trackside? Wasteland?

I’d be tempted to remove a fence panel (if possible) and go and sort it out myself

[Jobbo]

I saw your post on PH, started typing a reply and then ended up busy so didn't finish it. And lost the draft, annoyingly.

Anyway, here's some useful stuff from Network Rail; is the Network Rail land used as a railway? If not this may not be relevant.
https://www.networkrail.co.uk/communiti ... y/fencing/

Fences between your property and the railway
We’re responsible for the fencing that forms the boundary to the railway. If there’s a problem with our fencing we will either fix the fence or replace it. This doesn’t apply to other fences that may be parallel to our boundary measure.

Please don’t attach anything to our fencing, including another fence, as it may be damaged if we need to repair or replace it.

You mentioned correspondence in a later post on PH. So you've already contacted them I presume? If stuff growing on their land is damaging a fence you paid for, you should have a claim against them. You could start a small claim and try it out in court if you fancy, with very little risk (just the court fee and your own time). Do expect Network Rail to defend anything though; they seem to be quite proficient at doing that in court (and losing a lot).

[Rich B]

Sounds like a load of hassle compared to just taking out a panel/climbing over and hacking down some ivy to be honest.

[dinny_g]

Only caveat to that is that Network Rail take trespass onto Track Side areas very seriously

If the fence line is with the back of a some storage depot somewhere then this is a different prospect to track side

[mik]

I'm not interested in suggestions of how to physically tackle it. Just whether there are any legal protections etc.

Just in case you change your mind (I am not sure if you have suffered actual damage, or are trying to prevent it imminently occuring - I assume this would affect any legal approach?) ... if there are any spaces between the panels then either getting someone skilled with a weed spraying nozzle and some Glycosate, or DIY with something like this you won't need to be concerned about any tresspassing claims.

(note the warning on the product linked : Please be aware that by proceeding you are purchasing a professional pesticide product.You must ensure the end user of these products complies with the DEFRA/HSE Code for the Safe use of Pesticides)

[Jobbo]

All the PH replies were about spraying it with weedkiller. If Network Rail were to see that - and they would if the vegetation dies off - then Merv leaves himself open to a criminal damage charge. And they are litigious. So doing it the right way is probably sensible.

[mik]

Fair point. Although I say we take off and nuke the site from orbit. It's the only way to be sure.

[Rich B]

how come it’s your fence anyway? that link that Jobbo had said that they are responsible for all the fencing forming the border to their property?

[dinny_g]

I'm not interested in suggestions of how to physically tackle it. Just whether there are any legal protections etc.

This is the internet - we're going to ignore what the OP requested and state the complete opposite of what he's looking for

[Rich B]

I'm not interested in suggestions of how to physically tackle it. Just whether there are any legal protections etc.

This is the internet - we're going to ignore what the OP requested and state the complete opposite of what he's looking for

you started it!

[dinny_g]

[Swervin_Mervin]

Wow! Some sensible responses from people that understood the question. This is not like the internet

To answer a few queries:

The NR land is trackside - passenger and freight (GM waste to Teeside EfW, aggregates from Buxton-Northwich and wood pellets from Liverpool-Drax for anyone that's interested!)

There is a fence behind our fence. In part it's just some horizontal wires to demarcate the boundary, but most have long-since twanged and are just loose. The other part is wire mesh. There's no physical impediment to stop any growth from their side.

Our fence is wooden post and close boarded panels all screwed together, so not the easiest to remove. If I were to take matters into my own hands to tackle the invasive growth then I'd just have to do it stood on top of a ladder leaned up against our fence. Before we put the fence up I did clear the ground and as much as I could reach/pull through their fence. I did it again about 3-4 years ago when our next door neighbour's garden was being completely re-done and still had no fencing as I could get between the NR fence and ours (just!) up to about halfway.

@Jobbo - That's extremely helpful thanks. I thought I'd try asking NR politely as they're often there trimming back shrubs and trees and naiively thought they might just tackle it whilst they were there doing other works. But because it's not a safety risk to the line, plus lots of biodiversity waffle, they won't touch it. My intention was to respond back to them to warn them that by not tackling it themselves (as I couldn't without trespass) then they risk causing damage to the extent that we would seek to claim from them.

If they don't change their position then I guess I've got 2 choices - spray it and risk the consequences if they spot it (I might wildflower bomb it afterwards though ) or leave it and wait until it's done irreparable damage and seek to claim.

[Jobbo]

how come it’s your fence anyway? that link that Jobbo had said that they are responsible for all the fencing forming the border to their property?

That's a good question. Possibly if Merv had raised this with them when he put up the new fence then they'd have sorted it (but I bet not without a lot of back and forth). Since Merv did pay for the fence it is his so he's in a position where his property is being damaged by their uncontrolled vegetation. But they may assume the responsibility for repairing it as they should.

[Rich B]

Sounds like you’re within your rights to climb over your fence, whilst remaining on your property and cut the invading plants.

[Swervin_Mervin]

Sounds like you’re within your rights to climb over your fence, whilst remaining on your property and cut the invading plants.

Far half the length of the boundary the two fences are virtually up against each other. For the other half the gap is literally only just enough to stand in - if you're 10st dripping wet through

[Carlos]

I'd just spray it myself and move on. I know someone who's had knotweed on their boundary with disused rail land and they continue to defend their liability saying its come from elsewhere rather than do something about. This has gone on for over a decade!

[NGRhodes]

I once used chemicals to kill off overgrowth on my property, it turned out that the plants were growing from the adjoining property, but it was not possible to know this at the time and they inadvertently died.

[integrale_evo]

I'd just spray it myself and move on. I know someone who's had knotweed on their boundary with disused rail land and they continue to defend their liability saying its come from elsewhere rather than do something about. This has gone on for over a decade!

Same, I’d just pick a dry, still day and spray some weed killer in the gap between the fences and not worry about it for a while.

[Jobbo]

I'd just spray it myself and move on. I know someone who's had knotweed on their boundary with disused rail land and they continue to defend their liability saying its come from elsewhere rather than do something about. This has gone on for over a decade!

This is how they behave. Knotweed is strict liability so there's not even any argument, and there are plenty of cases which have been drawn out for years by Network Rail. So self-help is probably the sensible option, but definitely make your point in writing first.