Returning/not returning trimmings to neighbour

Re: Returning/not returning trimmings to neighbour

Postby arborlad » Thu Nov 19, 2015 3:34 pm

Conveyancer wrote:Is it theft if you dispose of arisings without consent? Up and down the country thousands trim their neighbours' hedges and dispose of the cuttings with the rest of their garden waste. They do not think to ask the neighbours' consent to do so. Does anyone seriously think that the police, let alone the CPS, would take an interest? Depending on the tree, I suppose large branches may have some value as timber or firewood, but again I suspect none of the powers-that-be would be interested. Intent is a necessary ingredient of most crimes. I suspect any court would hold that there could be no intent when on any reasonable, if not strictly legal, view arisings are not generally thought of as belonging to anyone any more than leaves that fall off in autumn. Fruit laden branches should be regarded differently.
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Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Thu Nov 19, 2015 6:13 pm

Dear Arborlad

When disputes over boundaries have history the cutting of a neighbour's hedge without offer of return may be a contempt of court! The serious cases almost always have history. It is both courteous and right to behave properly towards neighbours without trying to get round the rules by behaving inconsiderately or crassly. It is unnecessary!

best regards


Alan Harris
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Re: Returning/not returning trimmings to neighbour

Postby arborlad » Fri Nov 20, 2015 10:59 am

Alan Harris wrote:Dear Arborlad

When disputes over boundaries have history the cutting of a neighbour's hedge without offer of return may be a contempt of court! The serious cases almost always have history. It is both courteous and right to behave properly towards neighbours without trying to get round the rules by behaving inconsiderately or crassly. It is unnecessary!

best regards


Alan Harris



You seem to have shifted the focus from the millions of hedges that have no pre-existing disputes to ones where a dispute exists, in those circumstances the actions of others is going to be more closely scrutinised.

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.
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Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Fri Nov 20, 2015 11:33 am

Hi arborlad,

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.

well put - except nobody is saying this at all, but rather:

A. In the course of recent history, of all the tens of thousands who have cut someone else's hedge(s) and/or tree(s) and cleared away the arisings, some did so with a nefarious thought in their head.

B. In the course of recent history, of all the tens of thousands of people who saw their hedge(s) and/or tree(s) cut by someone else, some wanted the arisings.


Kind regards, Mac
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Re: Returning/not returning trimmings to neighbour

Postby arborlad » Fri Nov 20, 2015 12:50 pm

MacadamB53 wrote:Hi arborlad,

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.

well put - except nobody is saying this at all, but rather:

A. In the course of recent history, of all the tens of thousands who have cut someone else's hedge(s) and/or tree(s) and cleared away the arisings, some did so with a nefarious thought in their head.

B. In the course of recent history, of all the tens of thousands of people who saw their hedge(s) and/or tree(s) cut by someone else, some wanted the arisings.


Kind regards, Mac



Yes they are, I just did and it is a fair reflection on the last half century or so that I've done that sort of work. I have specifically excluded trees (and anything of any value arising from them) by not mentioning them. What you have written is a gross distortion of what I have written.

For the umpteenth time - stop with your nit-picking nonsense.
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Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Fri Nov 20, 2015 1:50 pm

Hi arborlad,

stop with your nit-picking nonsense

I wish I could, but I've a title to retain :roll:

Mac
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Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Sat Nov 21, 2015 1:37 pm

Dear Mac

What is the "title" which you need to maintain?

Contributors to this site only offer advice on matters which they have experience of. We are not paid by the "assisted" contributor and our advice can only be taken on merit by the reader.

It seems to me that the expert contributors job is to help non experts to understand the overall implications of different actions they may take and as simply as possible. It is necessary to point out risks such as losing in court, being arrested, antagonising others without good reason etc. This is not a competition between experts for top billing nor is it a gossip/chat room which strays totally away from the problems which people bring to the forum.

I quickly lose interest when a contributor has nothing better to do than post to the forum just to see what they have to say appear in print.

The other element of expert contributions is that they need to be honest opinions, and that includes giving the reader some idea of just how much reliance can be placed on the expert's advice.

best wishes


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Sat Nov 21, 2015 5:14 pm

Hi Alan,

it was a joke referring to an allegation made by another forum member that I am a champion nit-picker.

Kind regards, Mac
PS you could have sent me a PM do avoid clogging the thread with trivial non-advice...
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Re: Returning/not returning trimmings to neighbour

Postby ian cameron dromore » Tue Feb 23, 2016 1:56 pm

I was just looking for this information. I think it is also about communication and informing your neighbor FIRST and asking him/her do they want the clippings returned back to them. Just having a simple conversation before can save so much hassle in the future.
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Re: Returning/not returning trimmings to neighbour

Postby cleo5 » Tue Feb 23, 2016 2:40 pm

http://www.inbrief.co.uk/neighbour-disp ... anches.htm
Found this site which offers comprehensive answers.

All very well knowing the right thing to do but what if neighbour's tree overhangs your garden path and has been deemed to be dangerous and in need of felling. In addition many of the overhanging branches are far too high to reach but you are at odds with this neighbour and would not want the slightest contact with him anyway?
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Re: Returning/not returning trimmings to neighbour

Postby stressederic » Mon Nov 27, 2017 3:11 pm

Hi,

Wondered if some of you with previous experience can help me out.

- Neighbour hired contractor to cut branches from my tree which overhung the boundary. Said tree and branches were there when i bought house from same neighbour. There were quite a lot of branches some quite big.
- No prior notice was given about cutting the branches (although I understand they dont have to give notice).
- Branches were not offered back to to me but merely thrown over their 2 meter high fence into my garden onto my plants.
- a couple of branches have been cut back to the trunk ie across the boundary into my land.
- During the cutting of the branches i went out and asked the contractor to stop what he was doing ie throwing them into my garden. He said he can cut to the boundary. He continued to cut and throw back branches.
- I returned inside.
- The contractor then chopped down more branches and threw them into my garden.
- Later that day i returned the branches onto my neighbours land as i did not want the branches.
- The next day my neighbours son threw the branches back onto a different part of my land (over my fence) damaging plants and pots. I video'd him doing this and repeatedly told him to stop what he was doing. He said nothing and carried on what he was doing.
- He then threw some of the large branches at me, one of which hit me in the face and eyes and damaged my iphone too.

This is a NFH im dealing with so there is history here and NFH has a restraining order on him to make no direct or indirect contact with me.
So, my understanding is. He has fly tipped and/or trespass onto my land by dumping the branches. He has caused criminal damage by way of damaging my plants. His son has assaulted me whilst I was on my own property by throwing large branches (im talking as thick as my arm and 5ft + long) at me....

I have left the branches where they are for the time being but im very tempted to throw them back. Yes, i can get rid of them at my own expense and lets be honest even if i write a letter to him or get a solicitors letter to him claiming for the costs, it will go ignored as its such a small amount of money. My annoyance is that my neighbour thinks he can do as he pleases and get away with it. The Police have been notified and I await them getting in touch with me. Would this be deemed a breach of the Restraining Order too ie indirect contact?

Is it the contractor who has comitted the offence in the first instance or my neighbour who instructed him? Am i right in that by law it is my neighbour who has to get rid of the branches if i dont want them?
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Re: Returning/not returning trimmings to neighbour

Postby despair » Mon Nov 27, 2017 4:53 pm

Yes they are required to OFFER back the arisings which you can refuse and then they are to dispose

. .? Remains who ordered the contractor to throw back the arisings plus who ordered cutting beyond the boundary because that is illegal

I understand all responsibility rests with the person who employed the contractor but others might know better
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Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Fri Dec 01, 2017 1:42 pm

Yes they must offer the branches and you can refuse.

In practical terms you could take your neighbour to court but the law is not too clear and different judges take different views. They are also unpredictable. I suggest that you pay to get rid of the arisings - a lot less heartache.
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Re: Returning/not returning trimmings to neighbour

Postby despair » Fri Dec 01, 2017 11:58 pm

Very clearly time the law was totally clarified because given all the charges being levied by council waste dumps its soon going to become a very hot potato ....there will be many neighbour disputes occuring when a neighbour is faced with big bills to dispose of all the arisings from neighbours trees and hedges and tons of leaves

Its time tree and hedge growers had to accept full responsibility all round for costs of cutting back and arisings disposal
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Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Sat Dec 02, 2017 12:43 pm

The fact is that lawyers are much more expensive than the cost of removing branches from trees. Councils cannot treat tree owners as badly as NFH. The most expensive dispute which I was involved in cost the client over £100,000 in fees and his neighbour found a way of neutralizing the Judge's award!
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