Monday, April 13, 2009

My neighbour owns the fence; do I own all the climbing plants and flowers growing on my side of her fence?

She told me today that she is going to erect a new fence within the next month but isn%26#039;t sure when. Can she take the fence down and destroy all my plants with it? I understand it%26#039;s her fence but I%26#039;m wondering how I am going to save the foliage which has taken several years to grow and bloom abundantly. I dont%26#039; want to start dismantling things, only to have them die before she puts up a new fence. Do I really have to get rid of all my lovely climbing roses?
Say
FlowersBirthday FlowersSympathy FlowersYes, they%26#039;re your plants.





It seems to me that she realizes you%26#039;re attatchment to your roses, and has extended an invitation of sorts for you to do something about it. Perhaps you could persuade her to build the new fence next to the old one (mention how it would look the same to her as if she had torn the other one down). If you%26#039;re not a people person, perhaps it%26#039;s time to buy some nice looking trellises or climbing implements of your own.





If you do end up putting the roses on trellises, just gently pull off the tendrils they use to climb and loosely twist-tie them to the trellis. In a couple of weeks they should grab hold!





Good luck!
Reply:Most fences are built within at least 2 feet of the lot line. This means not only is this not you fence but they are not you plants either.
Reply:she can kill any type of tendril that crosses her property line. regardless if the roots are in your yard.
Reply:I think you are worrying too much. Your plants wont die just because the fence is being replaced. You can just move the ones that are directly in the way of the posts over a little bit if need be. Besides plants benefit from being pruned especially roses.


It is possible that your growing things up her fence has contributed to the fence needing replacing. Maybe you should consider contributing to some gravel boards to go at ground level to protect the future well-being of your plants and your neighbours fence. A wooden panel style fence is a temporary structure and without protection from damp may only last a few years.


Whatever the outcome I hope that you are able to maintain good relations with your neighbour (work out better for you in long run) with the least amount of fuss and disruption-and preserve your beautiful plants, I know what you mean I get really attached to my plants too! x
Reply:Legally your neighbour has the right to come onto your property in order to maintain her fence. She may remove the fence and replace it with a new one, however she must take all reasonable steps to safeguard your property from damage. This means that when she changes the fence she must try and do so with the least amount of disturbance to your plants and property.





If I were you, I would offer to help her dismantle the fence and put up the new one. That way you can retain control of what happens in your garden, to your plants and their surrounding soil etc.





If you can work things out with your neighbour and carefully remove the plants from harms way, by untangling their shoots, stems and runners from the fence, you stand a good chance of making a real friend next door. I am sure that she will appreciate any offer of help that you make and view it as a positive gesture of goodwill on your part. The plants should make a full recovery provided that you treat them with care.





Any plants which are in the way of the new posts may have to be dug out keeping a large root ball and soil intact. Wrap this in hessian sacking, or old blankets etc. and soak the wrapping in water. The plants will survive, if the wrappings are kept moist, for some time without damage to the plant. To minimise the shock, treat the plants gently and move them away from the fence to avoid accidental damage.





After the new fence is erected and its footings have set you can replant the roses and other plants close to the new fence. Try and avoid areas with new concrete, as this may upset the plant%26#039;s chemistry. I would suggest erecting a trellis, between your plants and the fence, for the climbers to cling to. This will ensure that you do not cause damage to your neighbours new fence.





After it is all over, and the garden has recovered, it would be nice to invite your neighbour to look at how nice the roses look against the new fence. She will see the trellis and realise that you are being thoughtfull and have concern for her property as well as your plants.





I hope this helps.
Reply:Ask your neighbor to build the new fence just in front of the old fence. Maybe you can offer to assume responsibility for the old fence. This would save your plants and save them money to remove and dispose of the old fence. It%26#039;s a win win for both parties.puppy teeth

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