Posted: 25/01/2016 at 06:13
I was thinking the same as Jo. If you do put up a new fence on your side, do you have any legal rights if his plants grow up it and break it in future? After all, he would then be damaging your property.
there is some case law I recall from uni; Ryalnds v Fletcher. I think it set a president on the theory of something from one property effecting another (but that was a while ago)!
i have a similar situation with a flat I rent out. The configuration is such that along one elevation I get the back gardens of 5 properties. One is an old lady who says she can't afford to deal with her ivy. It has destroyed our lovely Victorian wall and has even grown down our side and up the house. She says her son won't help her. I volunteered to go around and cut it back myself but when I got there the garden was so overgrown that I physically couldn't reach the back. What to do? Just have to keep cutting it back from our side. It's so frustrating though.