Hi Kendall and welcome to GoY. Firstly are you sure you own the fence not your neighbours? To be absolutely certain it is yours you will need to check your title deeds. If it turns out the fence is yours you are within your rights to insist that the star jasmine is removed from the fence and they build a trellis on their side to support the jasmine. This trellis should not be in contact with the fence at all. However, it is often better to have a good relationship with your neighbour that to claim a fence, so you might simply want to talk to them and point out the problem.

Thank you for your comments.The fence I believe is shared. The new neighbours have sadly rejected being friendly. What are my rights if it is shared?

Very little i think. If i put a fence up on the side that is legally mine in the deeds to my house, im fairly certain that there's nothing i can do to stop my neighbour planting things or even attaching things (hanging basket brackets for example) on their side of that fence. I will check and get back to you though

Added to GoYpedia Fencing.

Well i was completely wrong apparently....this was one of the answers i received

they can't attach things to the fence or paint it or otherwise make use of it without your pemission.

Sounds like an unenforceble law (rule?) too me. Who is going to prosecute them?

Thanks everyone.
Badfish, Can the person who said they cannot attach anything please elaborate?
This shrub is pulling the fence over and I am having to secure it with ropes to trees in my garden at the moment until I can get a more permanent way of securing it.
We are on a hill with my side of the fence 2 feet higher so it is very easy to make it unstable and tip towards the lower level.
The neighbours who moved in a year ago are spending a fortune digging out the basement and having landscape gardeners in. They are not interested in what happens to my little plot!
Can people really get away with this?

cut the rope and let it all fall on their side if they are spending on landscape they might want a nice new fence when they realise it was their plant causing the problem

Good idea! Brilliant in fact.

Although Snoopy's suggestion sounds a bit drastic, there is some sense in letting the fence fall down. You should not have to secure it with ropes etc anyway! If they insist on a new fence you could point out that you had a perfectly good fence which was unfortunately unable to sustain the weight of their plant and you don't wish to pay for a new one. They might then put up a new one themselves as Snoopy suggests. If they make a fuss you could be mischievous and say you will contribute to a less expensive chain link fence instead. I doubt they'll call your bluff!

I know it would cost and you would loose some of your land but have you considered putting up a new fence on your property?
I did this many years ago with a previous property.
Alternatively, again at cost, a lawyer will scrutinise your deeds and give you advice. In my current property I know am not legally responsible for any of the boundary fencing, despite a couple of my neighbours thinking I am. I checked at time of purchase purely because of what happened before.

I agree with Snoopy, remove the ropes and let the fence fall down - then you can actually complain to them that they destroyed your fence! Thank gawd we have sane and sensible neighbours!

Remember English and Scottish law are different.

Your Council Offices should have a department that deals with property boundaries, I cant remember what it is
called, they check all properties when they are sold.

Years ago I met a woman who worked in this office. She told me that Solicitors charge house buyers for checking the Deeds of a property, and actually its the girls in this office who do it.
She said they get stacks of them to do every day.

You pay Council Tax and so are entitled to help from an officer from this office.

Sadly the falling fence will not work as the neighbours are trying to grab land all around their property and would be delighted to rebuild the fence pinching more land for themselves. The other side of this neighbour agreed to them rebuilding a wall and hey presto it was rebuilt further out giving them more land! Once a boundary is removed it is very difficult to get it put back in the same place.
I am looking for anything that is legal to stop the destruction of this fence. Any ideas anyone please.

Go and ask your solicitor.

I do not have a solicitor on tap! Nor do I have a lot of money to engage one. I hoped someone might have experience of this problem.

Will make more enquiries to find the name of the office
I mentioned, as still cant remember it.

Hi, when I worked for the local authority, we used to call this office "the terrier room", try ringing the council and ask for this, Derek.

I have put in an enquiry to local council offices. They havent got back to me yet.
Dont do anything until I have this information.
You are entitled to this service, for free.

Thank you all. I appreciate the help.

Difficult neighbours are a nightmare ...
they cause so much stress ...

Depending where you live have you thought about contacting your local Citizens Advice Bureau (CAB).
They should be able to advise you.
Marjorie

I was in doubt over the ownership of my 2 side fences and the bottom fence and went to my solicitor who looked at the deeds and showed me a very small letter T with the cross bar of the T parallel to the line of the fence. Apparently this shows ownership if it is on your side of the boundary. There was only one , so officially I am only responsible for one side fence although the neighbours at the bottom think I'm wrong.