My neighbour’s climbing hydrangea is uncontrolled – how can I kind this out?

I am an 80-year-old pensioner and live in a detached cottage.

My neighbour has grown a climbing hydrangea up the rear of my property which grows over my single-storey kitchen and has filled my gutter with dead leaves. The hydrangea is now reaching the main roof and growing over my landing window.

Each year I have to go round and kindly ask him to prune it. He politely says he will, but nothing much happens.

Why should I have to ask him all the time? He knows it has got out of hand and that I’m a pensioner living on my own, so can ‘t sort it myself. What are my options?

Jane Denton, of This is Money, replies: A climbing hydrangea is not considered an invasive species of plant, but is known for growing vigorously. 

From the photos you have sent, it is clear the hydrangea is extensive and encroaching into your property, including over your kitchen window. 

There is no automatic right to receive light to a garden, but if the hydrangea is blocking light to your property’s window – and the window has been in the same position for at least 20 years, you may have a ‘right to light’ claim that could force the neighbour to cut back the plant.

You have been approaching the problem correctly by politely and repeatedly asking your neighbour to cut the hydrangea back. It is unclear why he isn’t taking any action or at least calling someone else in to do the job. 

The next step would be to write a short and polite letter to your neighbour explaining the problem and how it is affecting you and your property, particularly as you told me your gutters are blocked, or on the verge of being blocked. Hopefully, a written letter will be taken more seriously and spur your neighbour into action. 

As the hydrangea has crossed into your property, you can, if you are able to, cut it back to the boundary point between your garden and your neighbour’s premises, providing that you do not damage the plant and offer to return the cut branches to your neighbour. Do not enter your neighbour’s garden to do this, as that would constitute trespassing. 

If you are unable to do the job yourself, you should consider paying a gardener to do it. I know this is not ideal, but it may be the quickest and easiest way to get the situation resolved. Again, the gardener would need to stick to your side of the boundary while doing the work. 

If the hydrangea is causing damage to your property, you may be able to recover the cost of getting the work done from your neighbour. 

Avoiding turning this issue into a drawn-out and costly legal saga is the best option. The problem could legally constitute a nuisance, but going down any legal channel is best avoided. 

Manjinder Atwal, a director of housing and property litigation at Duncan Lewis Solicitors, says: This is a clearly frustrating issue but it is a very common one.

However, the law is clear that you should not be left to deal with it alone.

Where a neighbour’s plant grows across a boundary and onto your property, this can amount to a legal nuisance. 

You are entitled to cut back any overgrowth to the boundary line without needing your neighbour’s permission, provided you do not step onto their land or cut beyond your side. 

Any cuttings technically still belong to your neighbour and should be offered back, although in practice many people agree to dispose of them.

It is important to understand that if you arrange for the plant to be cut back on your side, the cost will not automatically fall to your neighbour. 

In most cases, this is something you are entitled to do, but at your own expense. 

The position may differ where the overgrowth is causing damage, such as blocked gutters leading to water overflow, damp or longer-term structural issues.

In those circumstances, you may be able to recover reasonable costs, but only if you can show that your neighbour failed to act and that you gave them a fair opportunity to resolve the issue first. 

Before arranging any work, it is sensible to write to your neighbour clearly setting out the problem and explaining that if it is not dealt with within a reasonable timeframe, you will arrange the work yourself and seek to recover the cost. Keeping a record of this, along with photographs and any invoices, will put you in a stronger position if you need to pursue the matter.

In your case, the issue appears to go beyond a minor inconvenience. Growth affecting your gutters and roof presents a real risk of damage, and it is reasonable to expect your neighbour to maintain it properly. 

You have already taken the sensible step of raising this informally. If that has not led to action, putting your concerns in writing is the next step and often prompts a more concrete response.

If the situation continues, a solicitor’s letter may help resolve matters without the need for court proceedings. 

As a last resort, the court can order a neighbour to deal with the nuisance, although most disputes are settled before reaching that stage. 

In the meantime, you should consider arranging for the overgrowth to be safely cut back on your side rather than attempting to manage it yourself.

Joanne Ellis, a partner at Stephensons, says: If you feel able to, it’s usually best to start by trying to resolve the issue through calm and constructive communication.

Writing your neighbour a polite but firm note can sometimes be more effective than verbal reminders. Clearly set out your concerns about the plant’s overgrowth and explain what action you would like them to take.

If that approach doesn’t work, you do have legal options. 

The law allows you to protect your property from damage caused by a neighbour’s plants. 

Overgrown climbers can lead to blocked gutters, damp, roof damage, and even pest issues. 

You are entitled to prune any part of a plant that crosses onto your property, including growth that reaches your roof or walls if your neighbour agrees to you going onto their land. I can see this may not be practical for you.

If the plant, or any structure it is growing on is physically attached to your property, and your neighbour has no legal right to do so, this may amount to trespass. In such cases, you can ask for it to be permanently removed. 

I can see that the plants may also impact your windows and, if you feel the light in your property is significantly reduced, you might want to consider if the plants growing are a legal interference to a right to light, which would need to be in your deeds or acquired over a significant period of time. 

Lastly, if the growth has already caused, or is likely to cause, damage, it is important that you make your neighbour aware of this as soon as possible. 

You may have a claim in legal nuisance, but your neighbour needs to be aware of the potential for damage.

Unfortunately, neighbour disputes are difficult and expensive and I would recommend you explore why your neighbour doesn’t trim the plants when requested. 

If it is an issue for them of time or money the solution may even be that you offer to pay a gardener to take the plants down entirely. 

If your neighbour enjoys the screening of your wall the plants bring, perhaps you could work together on an alternative solution that would be agreeable to you both.