Leaves From a Tree

Leaves From a Tree

Postby Russwh » Thu Nov 28, 2013 12:22 am

We have a silver birch tree in our front garden which was there when we moved in about 16 years ago and also before our neighbour. The said tree is obviously dropping leaves onto my driveway and the driveway of a neighbour which has shown his annoyance to this by just blowing the leaves across the boundary line when he so wishes (open plan front garden).The last incident was yesterday and this was after being advised by the local constabulary to desist from this behaviour just over a week ago. Our driveway was also swept on Sunday so was relatively clean before the latest blowing incident.
The relationship with this particular neighbour has not been good over the past couple of years so he is doing everything in his power to annoy me. I had a conversation with him at the beginning of October which I recorded because in the past, accusations had been made of a racial nature, so therefore for my own protection. In the conversation he stated that because the leaves were from my tree in my garden they would be blown back, there is also other garden debris which is being blown as well. We also have CCTV evidence of such actions on numerous occasions which clearly show him at the boundary blowing the leaves.
A case has also been raised with the local councils Anti Social Behaviour team but I don't know what or if anything will happen from
this route. I have also contacted my house insurance company and received advice because it is a nuisance and apparently we are
covered for this. I've filled in the forms and sent them off and have talked to the solicitor but was somewhat disturbed buy his
view on the case. Apparently for them to take the case on and to court, I would have to prove that I have suffered substantial
interference which he said would be difficult to prove. This has annoyed me since I've collected good evidence over the past
couple of months and now I'm wandering what is my best course of action. The forum seems to suggest that the liability to remove
the leaves lies with the person who's land they end up on, as it is a natural occurrence and this seems a reasonable assumption, so
why do I have to prove substantial interference?
I look forward to hearing views on my situation.
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Re: Leaves From a Tree

Postby despair » Thu Nov 28, 2013 12:58 am

Sadly this is somewhat typical actions of a bully type of person who i guess does not like many things you do or who you are
Effectively its harassment or racial harassment but theres very little the police or anyone else will do

with these kind of neighbours its actually better to totally and utterly ignore them and all that they do and even laugh at their pathetic behaviour

the more they know it upsets you the more they will do it

shun them , blank them out, do not grimace or recognise their existance , look through them not at them
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Re: Leaves From a Tree

Postby COGGY » Thu Nov 28, 2013 1:26 am

I am afraid the response from your insurance company is normal. Most insurance companies try to wriggle out of taking action.
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Re: Leaves From a Tree

Postby MacadamB53 » Thu Nov 28, 2013 11:39 am

despair wrote:Sadly this is somewhat typical actions of a bully type of person who i guess does not like many things you do or who you are
Effectively its harassment or racial harassment but theres very little the police or anyone else will do

with these kind of neighbours its actually better to totally and utterly ignore them and all that they do and even laugh at their pathetic behaviour

the more they know it upsets you the more they will do it

shun them , blank them out, do not grimace or recognise their existance , look through them not at them


+1
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Re: Leaves From a Tree

Postby Geometer » Thu Nov 28, 2013 7:53 pm

Use the leaves to make leaf mould http://www.gardenorganic.org.uk/factshe ... fmould.php and thank your neighbour for his "assistance" :wink: .
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Re: Leaves From a Tree

Postby appledore » Thu Nov 28, 2013 8:05 pm

Either do as Despair suggests and try and ignore your neighbour, the more he knows he's annoying you the more he will do it, or do as Geometer suggests and thank him.

I can't understand the fixation some people have with leaves. Leaf litter is a term which is used more and more. Litter is rubbish, leaves are not litter they are a natural occurrence. If there are trees then there will be falling leaves.
Keep calm and carry on.
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Re: Leaves From a Tree

Postby Conveyancer » Tue Dec 10, 2013 4:29 pm

appledore wrote:If there are trees then there will be falling leaves.


Precisely and the law recognises that. Whether a tree overhangs the boundary or not, a neighbour has no right to return leaves and to do so without consent is a trespass.
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Re: Leaves From a Tree

Postby MacadamB53 » Tue Dec 10, 2013 8:25 pm

and to do so without consent is a trespass and exceptionally petty IMHO.

Try and help him move on - why not politely let him know his actions would be considered trespass and offer to buy him a composter as an olive branch :)

Why would anyone turn down free mulch/compost?!?!

Kind regards, Mac
Last edited by MacadamB53 on Tue Dec 10, 2013 8:34 pm, edited 2 times in total.
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Re: Leaves From a Tree

Postby despair » Tue Dec 10, 2013 8:33 pm

Tragically some neighbours are just that
Totally and utterly pathetic and petty and intent on causing as much agro as possible

Its all a Bully /attention seeking behaviour either confront them head on with several witnesses and video/ cctv proof or totally ignore and shumn their very existance
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Re: Leaves From a Tree

Postby FrTed » Tue Dec 10, 2013 11:24 pm

appledore wrote:I can't understand the fixation some people have with leaves. Leaf litter is a term which is used more and more. Litter is rubbish, leaves are not litter they are a natural occurrence. If there are trees then there will be falling leaves.

I think the increase in hard landscaping may be to blame here.
Once people would let leaves lie on their gardens, or rake them and use them for compost.
Leaves on a driveway or hard landscaped area on the other hand become an unsightly nuisance to some people.
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Re: Leaves From a Tree

Postby ukmicky » Tue Dec 10, 2013 11:31 pm

FrTed wrote:
appledore wrote:I can't understand the fixation some people have with leaves. Leaf litter is a term which is used more and more. Litter is rubbish, leaves are not litter they are a natural occurrence. If there are trees then there will be falling leaves.

I think the increase in hard landscaping may be to blame here.
Once people would let leaves lie on their gardens, or rake them and use them for compost.
Leaves on a driveway or hard landscaped area on the other hand become an unsightly nuisance to some people.



Yes they stain your blocks :D
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Re: Leaves From a Tree

Postby MacadamB53 » Wed Dec 11, 2013 12:42 am

ukmicky wrote:
FrTed wrote:
appledore wrote:I can't understand the fixation some people have with leaves. Leaf litter is a term which is used more and more. Litter is rubbish, leaves are not litter they are a natural occurrence. If there are trees then there will be falling leaves.

I think the increase in hard landscaping may be to blame here.
Once people would let leaves lie on their gardens, or rake them and use them for compost.
Leaves on a driveway or hard landscaped area on the other hand become an unsightly nuisance to some people.



Yes they stain your blocks :D


Not if you gather them up and compost them :wink:
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Re: Leaves From a Tree

Postby MacadamB53 » Wed Dec 11, 2013 1:12 am

FrTed wrote:
appledore wrote:I can't understand the fixation some people have with leaves. Leaf litter is a term which is used more and more. Litter is rubbish, leaves are not litter they are a natural occurrence. If there are trees then there will be falling leaves.

I think the increase in hard landscaping may be to blame here.
Once people would let leaves lie on their gardens, or rake them and use them for compost.
Leaves on a driveway or hard landscaped area on the other hand become an unsightly nuisance to some people.


Hi FrTed,

I'm not sure I follow your logic. Once someone has gathered fallen leaves from their garden, be it a hard-landscaped driveway or a rough veggie patch, the leaves may as well be composted or used as a mulch. Folk with block paving don't lose the ability to make rational decisions.

I take the more simplistic view that some folk are just daft. You could take the chap fussing about the 'leaf litter' on his block paving and drop him in a different time and place and he'd still make daft decisions about something else.

Kind regards, Mac
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Re: Leaves From a Tree

Postby FrTed » Wed Dec 11, 2013 9:37 am

MacadamB53 wrote:
Hi FrTed,

I'm not sure I follow your logic. Once someone has gathered fallen leaves from their garden, be it a hard-landscaped driveway or a rough veggie patch, the leaves may as well be composted or used as a mulch. Folk with block paving don't lose the ability to make rational decisions.
.

Kind regards, Mac


Only that I am surrounded by trees and get a lot of "leaf litter" for want of a better description. Before I had my rear garden landscaped I used to let the leaves lie until spring time as they didnt do me or the garden any harm and some would be used by the local wildlife.
These days I gather them up as leaves on the paving look more unsightly than leaves on a lawn.
But maybe thats just me.

I dont get upset that I get leaves in the same way that I dont get upset that I have to wash the windows periodically or paint the barge and soffits.

The front garden remains lawned and bordered and as such gets left until the nicer weather in spring.
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Re: Leaves From a Tree

Postby MacadamB53 » Wed Dec 11, 2013 10:35 am

Hi FrTed,

Clearing up leaves is fine regardless of your motive.

It's what you do with the gathered leaves which might be daft.

Regardless of what surface the leaves fall onto some folk leave em and some folk clear them. Always been the same. More block paving might mean more folk clear em, which isn't daft, but if they then try and hand them to a 'rightful owner' things have got muddled...

Kind regards, Mac
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