Fence issue

[Deano52]

Hi *I’m having an issue with my new neighbours fixing wires to grow clematis up my new fence. I replaced the fence which is mine! When I did this I had to cut lots of clematis off there side. The weight of this was what caused the panels to go over in the last lot of heavy winds. *These plants were fixed to the fence by my old neighbour. So once it was replaced I asked them not to refit them back to fence and suggested they put a trellis in with two new posts to support independently. Today I’ve come home and they have refixed back to my fence. Can they do this without my consent?

[Law Student 2]

Hi,*

When you say the fence is yours do you have proof of this, in the title deeds or any legal documents for instance? and is it a boundary fence?

If the fence is yours and on your property then no. Your neighbour cannot use your fence as a support for plants without your permission.*

It may be worth talking to them again, with copies of the documents that show the property which the fence is on is yours, and explaining this to them with the relevant proof. Hopefully, they will take your request a bit more seriously in this instance.*

It may also be worth telling them that the weight of the clematis means you have to make more frequent repairs to the fence and so they are putting you at a dis-advantage!*

However, before doing any of this I would make absolutely sure the fence is on your property, as in not physically but as shown in legal documents.

Hope this helps!*
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