Survey For Greenery From Neighbour's Property

[Proofraider]

What kind of professional should I get to check whether ivy/greenery growing across from a neighbour's roof and overhanging my yard is a nuisance and/or potentially damaging to my property? It already blocks light to side windows and I don't want it taking hold against the brickwork/roof on my side, but I don't know what kind of surveyor or other person to get to give a professional assessment. Thanks.

[Zacs-Master]

You need to be careful here. Ivy will only cause damage where there is badly maintained masonry / brickwork so if this 'went legal' any solicitor / barrister representing your neighbour worth his salt could argue that no damage would have been caused if you had maintained your property correctly.

[murraymints]

If it's overhanging your property you can cut that bit !

[Proofraider]

Thanks, both - ZM, part of maintaining my property correctly is not allowing plant life to overgrow it, block windows and encroach on the roof. If the greenery was all on my side I'd have dealt with it before now. Murraymints, you're right to an extent, but my neighbour has to be properly informed and given the opportunity to deal with it himself (he has been) and if he objects (and going on past experience, he will) I have to be prepared to show that the work is necessary. Given that I'm prepared to pay for it, I had hoped he'd be sensible, but if we have to take it further, I need the right kind of person to provide a professional opinion.

[puzzlemaniac]

don't believe you have to prove the work is necessary. You can cut down any growth overhanging your property, but you must give the cut bits back to the owner of the neighbouring property. Possibly the only concern would be ensuring you did not cut it back in such a way that you damaged the plant and it died.

I seem to recall there was a similar question and answer elsewhere on AB, but cannot locate it to provide a link.

[puzzlemaniac]

found it - this has more details about rights etc. http://www.gardenlaw.co.uk/trees.html

[Zacs-Master]

Good point Proof. The 'right person' you need is an RICS qualified Surveyor but they won't be able to report anything if there's no damage. If there is damage it will be your word against your neighbour's as to whether it was there before the Ivy grew. I'd just pop round, tell them you need to remove it to maintain your property, and just do it.

[Proofraider]

Thanks, all - I really appreciate your taking the time to answer. Puzzle, that's a great forum. Well, I've left a letter at my neighbour's house saying what I want to do, asking him if he'd prefer to do it himself at his own cost(he won't - he hasn't touched the stuff in 18 years) and offering to get some extra work done if he'd like to take the opportunity to have more of the growth cut back from his wall. Now I just have to wait for whatever his objection will be and take it from there - I really hope he'll just let me get on with it: pigs might fly!!

[buildersmate]

Let's be clear here - it either hangs into the vertical space above your land having crossed the boundary, or it doesn't. If it does, no need for surveys or consultants you just chop it back to the boundary.
I wouldn't go down any route of claiming stuff having on his side denies you a right to light, or might in future attach itself to your masonry and cause damage. Too dodgy and will only create expense through work for lawyers. Besides which, you may not win.