Legal Q&A: are we allowed to remove the ivy attached to the wall of a house we want to buy?

The end-of-terrace house we wish to buy has a wall that backs on to another garden. Ivy from the neighbour’s garden is growing all the way up this wall to the roof. Will we be allowed to kill off the ivy?

Merrily Harpur

Fiona McNulty23 October 2016

QUESTION: My boyfriend and I have found a property that we are extremely keen on buying. It is an end-of-terrace house and the wall backs on to someone else’s garden. However, as we were looking around the garden we noticed that the wall is covered in ivy, all the way up to the roof. This isn’t something that we would want and would like to kill it off. Will there be a problem getting rid of the ivy as it is in someone else’s garden but attached to our wall?

ANSWER: The ivy will belong to the neighbour as its roots appear to come from the neighbouring property. If the end-terrace wall is structurally sound, then the ivy is unlikely to cause damage as generally ivy roots are not strong enough to penetrate a structurally sound wall. Ivy should, however, be kept away from gutters, and it could cause damage if the wall is not in good repair.

Look at the title deeds to see if there is any right of access to the neighbouring property for the purposes of repair and maintenance. Also investigate whether your seller has ever asked the neighbour to remove the ivy, or if they have requested access to do so. Discussion with the neighbours is also always advisable.

If all fails, in that the neighbours will not remove the ivy or allow access, then access might be gained without their permission by making an application under the Access to Neighbouring Land Act 1992. The court may grant an access order to carry out basic preservation works, which are likely to cover the removal of the ivy, particularly if it is causing damage. It may also be possible to ask the court for an order requiring the neighbours to cut back the ivy if it is causing a nuisance.

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If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE.

We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a legal director in the private wealth group of Foot Anstey.