My neighbor’s ivy on my fence – what can I do about it?  You only need to prove one thing

My neighbor’s ivy on my fence – what can I do about it? You only need to prove one thing

Can a neighbor plant ivy near the shared fence? Some people do not think about it, and after the fact the conflict escalates and may even end in court. What regulations should you pay attention to and how can you get along with your neighbors?

We regularly hear information about disputes in the media, which often concern seemingly trivial issues. Some of them focus on planted plants, such as thujas that shade the neighbor’s property or ivy. Can ivy be planted next to a shared fence? Pay attention to these regulations.

Can a neighbor plant ivy next to a shared fence? Check the recipes

It is a plant that looks beautiful, but it may cause disputes among neighbors. Sometimes it happens that when planted next to a common fence, it grows onto the neighboring property, and other residents simply do not want that. What can you do then?

Ivy Assja/iStock

Few people realize that such an issue has been addressed in the Civil Code, specifically in the “Immission Prohibition”.

When exercising his right, the property owner should refrain from actions that would disturb the use of neighboring properties beyond the average limit resulting from the socio-economic purpose of the property and local relations.

Therefore, if a neighbor is able to prove that the ivy significantly impedes him from using his own property, he can take the matter to court. There, a decision will be made regarding the plant’s further fate.

Article 150, in turn, states that if the roots extend to adjacent land, its owner may cut them off and keep them. The situation is similar in the case of branches or fruit hanging on our ground, but in such cases, you should set a deadline for your neighbor to remove them.

Are you going to grow ivy next to a common fence? These are your options

Many people argue that the easiest way to solve a neighborly dispute about ivy is to talk honestly with the neighbor and come to an agreement, for example by ensuring that the ivy is regularly trimmed so that it does not spread to the neighboring plot. If you are going to start growing ivy next to a common fence, it is good manners to ask your neighbor for permission before you start doing it. If he does not agree, it is worth finding a solution that will satisfy both parties so as not to enter into an unnecessary conflict.

Source: Gazeta

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