Neighbor is growing ivy onto side of my house; do I have right to tell him to remove entirely and if not, am I responsible for any damage to my house?
Question Details:
Just discovered neighbor has been growing ivy up the side of my house to roof (that side faces their private alley). They said they grew it to cover our asbestos shingles (just found out about that too!). Shingles are in good shape; we understand not hazardous unless cracked, etc. They said they will keep ivy trimmed down from the roof and maintain it that way, but that if there were "issues" they would remove it. But I’m concerned: If I allow him to keep the ivy and it does cause damage to the house, who’s financially responsible? Do I give up any recourse to recover, if I've allowed this?
Real Estate Law Answers
Your neighbor and you should enter into a contract now that provides for the way in which to resolve this matter should your home become damaged in any way. Because your neighbor has accepted responsibility to keep the ivy trimmed, the neghbor is in effect assumoing liability for damages. however, you do not want to have to argue over this in the future which is why I suggest that youand the neighbor sign a document drafted by a lawyer that says that the neighbor will pay for all the damages reasonably flowing from the ivy being gown on your property. this way, there is not be any question should an issue arise. if an issue arises, you will need to hire an expert to come in to confirm that the problem that you claim your house has due to the ivy is in fact a proximate cause of the ivy.
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