Even if you're close friends with your neighbors, there are some things that can bring up awkward situations. Take nature, for example. It's not uncommon for ivy to make its way from your neighbor's yard into your own, whether you want it there or not.
In the unfortunate case you aren't fond of your neighbor's ivy, you may be tempted to prune the ivy to get rid of it. However, doing so could land you in some legal trouble. Of course, this isn't always the case, as regulations allow you to prune your neighbor's ivy up to a certain point.
Knowing when and how you are allowed to prune your neighbor's ivy is fundamental to dealing with this nuisance in a way that doesn't get you in trouble. To find out more, I spoke to legal and property experts - here's what they advise.
When can you prune your neighbor's ivy?
If your neighbor's ivy is growing on your fence, building, or elsewhere on your property, the law allows you to prune it to a certain extent:
'You are entitled by law to prune whatever is left of your neighbor's ivy across your property line but only to the line itself. Your right is based on common principles of property law that allow the property owner, without being held liable for trespass or damaging the main plant, to remove vegetation that encroaches upon their property,' explains attorney Jeffrey Reisman.
Just like pruning your neighbor's tree that is overhanging in your yard, the law allows you to prune your neighbor's ivy up to the property line, only removing the part of the plant growing on your land.
'I also must note that if that pruning should involve the roots, you must not enter your neighbor's property. Otherwise, trespass or damage to property under civil law could be pursued against you,' Jeffrey adds.
By only pruning the ivy growing on your property, you do not damage the main plant or trespass on your neighbor's property, protecting you from any legal consequences.
To do this, make sure you're equipped with essential pruning tools - like these pruning shears from Amazon - and make a clean cut on the plant up to the property line.
To get rid of ivy on a fence or building, you may also need to pull some stems off, as this plant has aerial roots that like to cling on.
Jeffrey Reisman has been practicing criminal law since 2001. First as a prosecutor and then as a defence attorney, Jeffrey has appeared in several Courts in both the U.S. and in Canada, including the American Federal Courts, specifically the Middle District of Florida and Florida Circuit County Courts.
Essential tools for removing ivy from your yard
These breathable gardening gloves for women have genuine leather palms to protect your hands from sharp stems and cuttings.
These 15-inch loppers have a sharp steel blade for clean cuts. They can cut branches and up to 1.25 inches thick.
This weed pulling tool is designed to reduce fatigue. Ideal for pulling any ivy up from the ground.
When can't you prune your neighbor's ivy?
With the above knowledge of property law in mind, it makes sense that you cannot prune your neighbor's ivy beyond your property line.
'By no means can you go onto your neighbor's property and remove or damage the ivy on their side, even if it is an invasive plant or unwanted,' says attorney Jamie E. Wright.
This would make you liable for trespassing and damage to your neighbor's property.
'In some states or jurisdictions, legal requirements obliging consent before doing anything to a given plant may also apply, which can include Tree Preservation Orders (TPOs) in the UK or municipal tree ordinances in the US,' Jeffrey adds.
'In cases where the ivy is affixed to a mutual structure, such as a fence, your rights will depend on ownership of the fence since, in some jurisdictions, any changes require mutual agreement,' he says.
It's important to note that property lines don't always line up with walls and fences. 'The only way to accurately determine actual property lines is to complete a lot line survey,' says real estate expert Ken Sisson.
This means if a wall in your yard falls on your neighbor's side of the property line, you may not have permission to prune ivy growing on it - it's worth reading up on who owns a fence for this reason.
But, this isn't the only case in which you could get in trouble for removing your neighbor's ivy:
'There are also certain laws regarding trimming plants that are classified as part of the property’s greenery, and this may vary from state to state,' Jamie explains. 'Before you grab your pruning tools, it is always advisable to check your local laws or seek the advice of a property or real estate lawyer to avoid liability for any consequences that may arise,' she advises.
Jamie E. Wright, Esq. is a millennial trial lawyer, principal of the J. Wright Law Group P.C. (dba The Wright Employment Lawyers), and highly sought out GOP pundit.
Ken Sisson is Associate Broker and REALTOR® with Coldwell Banker Realty. He's a licensed real estate broker in the state of CA and a REALTOR® in Studio City.
What about pruning ivy that is causing damage?
It's true that ivy can actually cause damage to structures because of the weight they add. In the case where your neighbor's ivy is causing a threat of damage or is causing damage to your property, legal experts advise the following:
'If the plant damages your property, you can take action under nuisance law and demand that your neighbor remove or control it,' Jeffrey says.
'If they fail to, you may be able to bring a civil suit under laws relating to property damage provided I can prove that the ivy caused tangible harm to my property. In extreme cases, nuisance or HOA regulations may require the neighbor to act on their own accord,' he explains.
This includes any concerns you have about getting rid of poison ivy on your neighbor's land.
It can also be hard to know when ivy is causing damage, however, so you might choose to seek advice from a construction expert before taking any further steps.
'Mediation might be a more appropriate first step than taking legal action in some cases. Communication is always the best policy when it comes to good neighborly relations and can often avoid many a dispute,' Jamie E. Wright advises.
FAQs
My neighbor cut my ivy without permission. Can I take legal action?
Your neighbor is entitled to cut ivy growing from your yard into theirs up to their property line. However, you can seek legal action if your neighbor has pruned your ivy on your property, causing damage to your plant, or if they have trespassed to remove your ivy. This all comes under common property law in the US.
Can I spray weed killer on my neighbor's ivy?
While you are allowed to prune your neighbor's ivy up to your property line, using methods to kill the ivy may lead you to some trouble. This is because spraying ivy, such as using vinegar on ivy or commercial products, may result in the whole plant dying. This would mean your actions have caused the main plant (property of your neighbor) to become damaged. However, there may be some differences in local regulations about this, so it's best to do some research beforehand.
Ivy creeping into your yard isn't the only way nature can get in between you and your neighbor. It's also worth reading up on whether you can build a pergola next to a neighbor's fence and who is liable if your neighbor's tree falls in your yard.
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