Leaves From a Tree

Re: Leaves From a Tree

Postby COGGY » Sat Jan 11, 2014 3:01 pm

Hi Russ

I fully appreciate how this nuisance is upsetting you. I would be upset too. However it does not appear that you can do much to stop the difficult neighbour, so the only options are to carry on being upset by it, or try to find a way to deal with it. In saying this I am not disregarding your upset, just trying to suggest a way to deal with it.

When we moved into our house there was a silver birch tree in the back garden and we were really pleased. We enjoyed that tree for many years. Eventually the roots started to lift the patio nearby and at the same time our elderly neighbour requested that we trim some of the branches which were overhanging his garden. After much thought we decided to have the tree cut down. A friend was pleased to receive all the free logs and we immediately noticed that our back garden was a lot cleaner as we had been forever sweeping up leaves and catkins.

I obviously do not know your age so please forgive me if my suggestion is not possible. If you are able to do so have you thought of offering to sweep the neighbour's drive for him? I appreciate that you have stated he has been difficult in the past. I know how upsetting and stressful difficult neighbours can be and this would perhaps help things along. You could possibly put a letter through his door with the suggestion, which would give him time to consider rather than simply refuse without thought. If nothing else this would give you the moral high ground.

I hope you accept this suggestion in good faith. It is not my intention to belittle your upset.

Kind regards
Coggy
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Re: Leaves From a Tree

Postby ukmicky » Sat Jan 11, 2014 3:09 pm

If it were me i would blow them back. Whilst this suggestion would not really help and only cause an escalation,it is what i would do.
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Re: Leaves From a Tree

Postby COGGY » Sat Jan 11, 2014 3:21 pm

It is probably what I would have done at one time.

Coggy
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Re: Leaves From a Tree

Postby Conveyancer » Sat Jan 11, 2014 6:06 pm

MacadamB53 wrote:Would the claimant not receive direction/guidance if the order isn't granted?


Not really, no. In any case the court must find for one or other party. It may award damages, but they are likely to be nominal where the loss to the claimant is insignificant. The court may well express a dim view of the defendant's behaviour, possibly hinting that any recurrence may have more serious consequences.
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Jan 11, 2014 8:59 pm

Conveyancer wrote:
MacadamB53 wrote:Would the claimant not receive direction/guidance if the order isn't granted?


Not really, no. In any case the court must find for one or other party. It may award damages, but they are likely to be nominal where the loss to the claimant is insignificant. The court may well express a dim view of the defendant's behaviour, possibly hinting that any recurrence may have more serious consequences.


Hi Conveyancer,

Would there be any implications if the two parties had already been to court as same claimant/defendant over another trespass (parking on land) which found in claimant's favour?

Kind regards, Mac
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Re: Leaves From a Tree

Postby Conveyancer » Sat Jan 11, 2014 10:58 pm

MacadamB53 wrote:
Conveyancer wrote:
MacadamB53 wrote:Would the claimant not receive direction/guidance if the order isn't granted?


Not really, no. In any case the court must find for one or other party. It may award damages, but they are likely to be nominal where the loss to the claimant is insignificant. The court may well express a dim view of the defendant's behaviour, possibly hinting that any recurrence may have more serious consequences.


Hi Conveyancer,

Would there be any implications if the two parties had already been to court as same claimant/defendant over another trespass (parking on land) which found in claimant's favour?

Kind regards, Mac


Possibly. We are starting to get out of my area here as I was never involved in litigation.
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Re: Leaves From a Tree

Postby appledore » Sun Jan 12, 2014 7:31 pm

COGGY wrote:It is probably what I would have done at one time.

Coggy


Me too.
Keep calm and carry on.
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Re: Leaves From a Tree

Postby COGGY » Sun Jan 12, 2014 8:44 pm

When we were young and hot blooded Appledore. :roll:
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Re: Leaves From a Tree

Postby Russwh » Tue Jan 14, 2014 10:22 pm

Hi,
Thank you for all your replies, they are very interesting and are giving me a broader view of things. The trespassing problem did not go to court and was sorted out with several solicitors letters. The problem here was that we breached a covenant by erecting a small chain link fence so we had to take it down. However the outcome of keeping them from using our driveway succeeded as like I have said earlier they don't do this anymore apart from using it to deposit their garden rubbish!
Conveyancer, I would consider this as a substantial nuisance as it continually happens (latest incident 13 Jan) this problem is subjective, I don't think I'm being over sensitive and feel that other people would take the same view as me. As you said it could also amount to harassment as he is doing this out of malice because of the above. I just want to live peacefully without any interruptions or problems from anybody.
Maybe I should take a more robust attitude and do like some suggest and just use my Stihl blower and blow them back, I've refrained from doing this until now as I was hoping to sort the problem within the law and with consideration. I presume that if I did blow the debris back his would also complain to the police and they would also visit me but would be unable to do anything for him as they have me.
I am also considering posting in the fence section as I would like to know how to legally get the covenant lifted as if there was a fence it would limit the debris to my side and he would not be able to blow the debris to my side.
How do I apply for an injunction to stop any further occurrences? Thanks once again for your replies.
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Re: Leaves From a Tree

Postby Conveyancer » Tue Jan 14, 2014 11:13 pm

I think you need to step back a bit here. As you say, subjective opinion comes into it, but however annoying you may find it, I cannot see a court considering it a substantial nuisance or action which amounts to harassment if not accompanied by other actions. Malice is difficult to prove. Court action is inadvisable unless things escalate.

Retaliation is not to be recommended as it is probably exactly what he is waiting for. If you blow the leaves back, he will call the police, develop a limp, become tearful and complain about how badly you are treating him. As I have said before (and only half jestingly) in these cases the young constable sent out to deal with the matter always arrests the wrong person.

Getting a covenant removed is very expensive. Over ten years ago a colleague in litigation estimated the cost at £14,000. However, if you want to post the wording of the covenant we can see if there is anything which may help.
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Re: Leaves From a Tree

Postby despair » Wed Jan 15, 2014 4:50 am

Even if you were able to install a hedge or fence i can guarantee the leaves the neighbour objects too will be dumped over
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Re: Leaves From a Tree

Postby appledore » Wed Jan 15, 2014 7:20 pm

COGGY wrote:When we were young and hot blooded Appledore. :roll:


Yes, those were the days Coggy. :D
Keep calm and carry on.
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Re: Leaves From a Tree

Postby appledore » Wed Jan 15, 2014 7:25 pm

despair wrote:Even if you were able to install a hedge or fence i can guarantee the leaves the neighbour objects too will be dumped over


He'll find a way to get rid of them. I've seen our neighbour on his hands and knees pushing hedge trimmings and leaves under the hedge into someone else's garden.
Keep calm and carry on.
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Re: Leaves From a Tree

Postby stufe35 » Sun Jan 19, 2014 8:03 pm

Russ,

They are trying to get a reaction from you, show no reaction, and you've won, they'll get bored eventually.

Bag up few leaves and take them to the tip, smile whistle and enjoy doing it. Nasty neighbours can sap all your energy , don't let them, you are the better person.

Additionally you might want to read this and see if its your neighbour....

Go on the nfh website, (not the forum) click help tab, then self help articles index, then go into beyond mediation. Read it in order, this is very important.

This will tell you about narcissistic personality disorder, you may recognise traits in your neighbour, reading this helped me enormously. They feed on your reaction.....so ignore ignore ignore....

Regards Stuart

It takes a while to read, but stick with it.

Cheers stu
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Re: Leaves From a Tree

Postby despair » Mon Jan 20, 2014 3:51 am

Ditto. +100%
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