What is the law on fallen leaves?

What is the law on fallen leaves?

Postby rubynoodles » Fri Nov 23, 2012 10:54 am

Hi I am new to this site and could really do with some advice.

My elderly parents have lived in their house for 40 years and have never had any problems with the neighbours.

They have a pear, plum and silver birch tree at the bottom of the garden. There is a small estate that was build on waste land (situated at the bottom of the garden) about 30 years ago.

Last week a man who lives in one of these houses (not directly at the back of mum & dads but two houses down) came knocking on the front door in a very aggressive mood he said to my dad that he had had enough of leaves coming from the above mentioned trees and had 'put up' with it for 14 years but enough was enough and proceeded to dump a bin bag full onto my parents front drive!!

He never had the curtesy to knock on the door and politely ask if dad would take the leaves (which dad would have happily done) he was very angry and offhand (he has had disagreements with several neighbours over trivial things).

Anyhow, yesterday mum came home to find another load dumped onto the front driveway. They felt abit intimidated by this man so called the local PCSO who came round and said that the man was in his right to bring the leaves over and so my dad has agreed that he can 'dump' the leaves onto my parents property when he feel like it.

Now, I am fuming about this because as far as I feel (and can find online) falling leaves are just part of life and there isnt really any law to say a tree owner is responsible for them.

The leaves were very brown/black in colour so had probably been in this mans garden for a while and there are around 10 trees in the area including my parents three so how can this man possible be 100% sure that all of these leaves are from my parents tree. It just seems to me that this man is in all sense and purpose 'fly tipping' all of the neighbouring leaves onto my parents garden and getting away with it because the PCSO and my dad have now given him permission to do so!!

This man would have a fit if he had my garden you cant see it for fallen leaves but my hubby and me just see this as part of life :)

Would love some advise - were the police correct?
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Re: What is the law on fallen leaves?

Postby despair » Fri Nov 23, 2012 11:13 am

The PCSO was totally and utterly wrong and you need to report his failure to Chief Constable

Leaves are a part of life albeit a downright nuiscance at times if loads of them need clearing out of flower beds or caught up in the middle of shrubs

They are though valuable leaf mould and compost and its time everyone was forced to compost or green bin services were free not the new ridiculous £90 a year charges being levied by many councils

Its when huge trees cause major problems for neighbours that a bit more give and take and maintenance should be thought about

Can hardly see that your parents fruit trees would be 80ft high and a problem
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Re: What is the law on fallen leaves?

Postby Mojisola » Fri Nov 23, 2012 12:01 pm

rubynoodles wrote: Anyhow, yesterday mum came home to find another load dumped onto the front driveway. They felt abit intimidated by this man so called the local PCSO who came round and said that the man was in his right to bring the leaves over and so my dad has agreed that he can 'dump' the leaves onto my parents property when he feel like it.

Now, I am fuming about this because as far as I feel (and can find online) falling leaves are just part of life and there isnt really any law to say a tree owner is responsible for them.

Would love some advise - were the police correct?


NO! I would be putting in a complaint about this PCSO as well. You know the law better than him/her.
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Re: What is the law on fallen leaves?

Postby rubynoodles » Fri Nov 23, 2012 12:48 pm

Thanks for your relies-dad now tells me that they were infact police officers which makes it worse!!

I'm Just waiting now to see how many bags of rotten leaves this neighbour is planning on dumping on a regular basis:roll:
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Re: What is the law on fallen leaves?

Postby despair » Fri Nov 23, 2012 12:59 pm

Your parents need to both complain about the police officers and file a complaint of harassment because thats precisely what this nasty neighbour is doing
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Re: What is the law on fallen leaves?

Postby rubynoodles » Fri Nov 23, 2012 2:12 pm

I agree with you depair, I have just emailed the local council just to clarify with them.
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Re: What is the law on fallen leaves?

Postby Treeman » Fri Nov 23, 2012 2:27 pm

despair wrote:Your parents need to both complain about the police officers and file a complaint of harassment because thats precisely what this nasty neighbour is doing


Why both? Surely one complaint will suffice, anything else is needless repetition.

It is entirely likely that the officers spoke to the neighbour and that he has the idea he can dump leaves from them, a better way forward would be to get the officers to put things right. Going to the chief constable is the busy bodies (I will take you to the high court) attitude, the proper way to deal with a situation is to take it up through the chain of command, escalating if the previous stage was unsatisfactory, the CC will just chuck it at an underling who won’t be much interested.

Get the Sargent to send the constables to the perpetrator and explain the law properly and advise him that his activities are illegal and could lead to a complaint against him, you probably won’t see his face again after that. He gets a flea in is ear and the officer learns the error he made, that’s called a win win rather than trying to go punitive on the officers.
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Re: What is the law on fallen leaves?

Postby hzatph » Fri Nov 23, 2012 7:51 pm

The PC is encouraging your neighbour to commit an offence of fly tipping - the leaves, once cleared up, are waste and cannot be dumped like that.
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Re: What is the law on fallen leaves?

Postby appledore » Sat Nov 24, 2012 5:14 pm

I think your parents' neighbour would be happier living on the 43rd floor of a block of flats. If we have the pleasure of looking at trees in the summer then there are leaves in the autumn. If they fall or blow into our gardens then we have the choice of either leaving them or clearing them up. If we clear them up then it is up to us to dispose of them.

How did the neighbour know which trees they'd come from anyway? The police were talking rubbish, but then they often do. Some friends had their garden wall pushed over by a gang of yobs. The police said they had little chance of finding out who'd done it, but even if they did they couldn't charge them with criminal damage as the bricks hadn't been damaged.

I hope your parents get it sorted out. :)
Keep calm and carry on.
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Re: What is the law on fallen leaves?

Postby Geometer » Sat Nov 24, 2012 5:47 pm

Alternatively, persuade your parents to build a compost heap, and leave it to the neighbour to do all the raking and carrying. He'll stop when he realises he's doing them a favour.
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Re: What is the law on fallen leaves?

Postby cloudyeyes » Sat Nov 24, 2012 5:58 pm

^^^^ This. Leaf mould is brilliant stuff. I'd even provide the bin bags.
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Re: What is the law on fallen leaves?

Postby oorya » Sun Nov 25, 2012 11:37 pm

Treeman wrote:
despair wrote:Your parents need to both complain about the police officers and file a complaint of harassment because thats precisely what this nasty neighbour is doing


Why both? Surely one complaint will suffice, anything else is needless repetition.

It is entirely likely that the officers spoke to the neighbour and that he has the idea he can dump leaves from them, a better way forward would be to get the officers to put things right. Going to the chief constable is the busy bodies (I will take you to the high court) attitude, the proper way to deal with a situation is to take it up through the chain of command, escalating if the previous stage was unsatisfactory, the CC will just chuck it at an underling who won’t be much interested.
Get the Sargent to send the constables to the perpetrator and explain the law properly and advise him that his activities are illegal and could lead to a complaint against him, you probably won’t see his face again after that. He gets a flea in is ear and the officer learns the error he made, that’s called a win win rather than trying to go punitive on the officers.


If you are really wanting to make a complaint against a police officer then it is best to start at the top, OK the chief constable will pass it on but it goes to the department that deals with complaints against police officers who then pass it on to the officer's inspector who has to respond, you are then given the opportunity to discuss with the inspector and then you make a choice do you accept you don't want to take it any further or does it go on to a full complaint that is likely to go to the IPCC.

I know, having recently made a complaint against a police officer and I am no busybody.

I would suggest if you approach the officers sergeant then that is likely to get swept under the carpet.
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Re: What is the law on fallen leaves?

Postby despair » Mon Nov 26, 2012 12:14 am

Thank you oorya
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Re: What is the law on fallen leaves?

Postby arborlad » Mon Nov 26, 2012 12:20 am

oorya wrote:............. having recently made a complaint against a police officer .


Was your complaint connected to a bag of leaves dumped on a driveway?
arborlad

smile...it confuses people
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Re: What is the law on fallen leaves?

Postby Treeman » Mon Nov 26, 2012 6:28 pm

oorya wrote:
Treeman wrote:
despair wrote:Your parents need to both complain about the police officers and file a complaint of harassment because thats precisely what this nasty neighbour is doing


Why both? Surely one complaint will suffice, anything else is needless repetition.

It is entirely likely that the officers spoke to the neighbour and that he has the idea he can dump leaves from them, a better way forward would be to get the officers to put things right. Going to the chief constable is the busy bodies (I will take you to the high court) attitude, the proper way to deal with a situation is to take it up through the chain of command, escalating if the previous stage was unsatisfactory, the CC will just chuck it at an underling who won’t be much interested.
Get the Sargent to send the constables to the perpetrator and explain the law properly and advise him that his activities are illegal and could lead to a complaint against him, you probably won’t see his face again after that. He gets a flea in is ear and the officer learns the error he made, that’s called a win win rather than trying to go punitive on the officers.


If you are really wanting to make a complaint against a police officer then it is best to start at the top, OK the chief constable will pass it on but it goes to the department that deals with complaints against police officers who then pass it on to the officer's inspector who has to respond, you are then given the opportunity to discuss with the inspector and then you make a choice do you accept you don't want to take it any further or does it go on to a full complaint that is likely to go to the IPCC.

I know, having recently made a complaint against a police officer and I am no busybody.

I would suggest if you approach the officers sergeant then that is likely to get swept under the carpet.



The difference is that despair likes to punish people and focuses on retribution rather than solving the problem.
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