Leaves From a Tree

Re: Leaves From a Tree

Postby Russwh » Sun Dec 15, 2013 8:53 pm

Hi,
Thanks for all your replies, however the saga continues. I really want an end to this as it stopping us from enjoying our property. The leaves themselves aren't a problem as I can pick them up and dispose of them, the annoying thing is the act of blowing them onto my property within a fews days of us clearing them up.
Conveyancer ,are you in the legal profession? Is there any law that says it is illegal to do this and could anybody point me in the right direction to find it. I know the forum suggests that fallen leaves are a natural occuracne and should be disposed of by the land owner of where they fall or arrisings should be offered back to the tree owner but they do not have to accept.
Please keep your comments coming, it's keeping me sane knowing that their are reasonable people in the country.
Thanks.
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Re: Leaves From a Tree

Postby despair » Sun Dec 15, 2013 11:48 pm

I dont think any bit of law is really going to help you with a nutty neighbour like this

Since he has ignored you and also the police what good would a court order do other devalue both of your houses

I guess the bottom line is he hates trees and unless the tree is removed he wont stop but then it could be if the tree was removed he will start on something else

These kind of neighbours have nothing better to do with their lives than cause one petty irritation after another
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Re: Leaves From a Tree

Postby Conveyancer » Mon Dec 16, 2013 12:07 am

I did practice the law. As the name I use in this forum suggests I was a conveyancer. I do not pretend to be an expert on the law of trespass, but hopefully know the basics. Trespass is essentially common law and so you cannot point to any statute which sets what constitutes a trespass. The law is what is set out in cases. In the past I have, without success, Googled to see if I can find any case which is directly relevant. As it says here: http://en.wikipedia.org/wiki/Trespass#Interference the essence of tort is interference. Somewhat surprisingly, the book referred to in footnote 88 is available online and I quote: "It is a trespass to throw or place anything on to land occupied by another. It is not necessary that the boundaries are crossed." No case is quoted to support the statement.
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Re: Leaves From a Tree

Postby catapult1 » Thu Dec 26, 2013 10:29 pm

I started to read this, and although admittedly you have on-going problems with this neighbour, I do get somewhat annouyed at people that get uppity about a neighbour 'returning' unwanted foliage.

I know, I know, technicaly they have to dispose of it but come on. Your tree is making his property unsightly and possibly dangerous with slippery leaves. And what do you want to do with a difficult neighbour.... Thats right, make it more difficult.

Grit your teeth, suck it up and when you are clearing your drive offer to do his. It would seem the decent thing to do and will put you on the holier than thou high ground.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Leaves From a Tree

Postby COGGY » Fri Dec 27, 2013 12:51 pm

That sounds like good advice from catapult1. It will more than likely give your neighbour something to think about. :roll:
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Re: Leaves From a Tree

Postby despair » Fri Dec 27, 2013 6:20 pm

i rather think that will depend on the kind of individual your neighbour is.................... as to whether they simply get worse
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Re: Leaves From a Tree

Postby appledore » Fri Dec 27, 2013 7:13 pm

despair wrote:i rather think that will depend on the kind of individual your neighbour is.................... as to whether they simply get worse


He'll probably think of something else to moan about. There's nothing unusual about having trees in gardens, and if there are trees then there will be leaves which blow about.

Perhaps your neighbour would be happier living in a high rise flat.
Keep calm and carry on.
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Dec 28, 2013 10:00 am

catapult1 wrote:I started to read this, and although admittedly you have on-going problems with this neighbour, I do get somewhat annouyed at people that get uppity about a neighbour 'returning' unwanted foliage.

I know, I know, technicaly they have to dispose of it but come on. Your tree is making his property unsightly and possibly dangerous with slippery leaves. And what do you want to do with a difficult neighbour.... Thats right, make it more difficult.

Grit your teeth, suck it up and when you are clearing your drive offer to do his. It would seem the decent thing to do and will put you on the holier than thou high ground.


Hi catapult1,

No offence, but if you bothered to get beyond starting to read the original post you would understand the OP and his neighbour have open-plan gardens and the neighbour has been witnessed blowing leaves from his land to the OP's land. This a little different from gathering them up to 'return' them to their owner.

Furthermore, the OP also mentions recording a conversation with the neighbour - not to gather evidence about leaf blowing but to gather evidence of racial abuse.

Therefore, I disagree with your recommendation that the OP should just 'suck it up' and offer to become his neighbour's gardener. It could expose the OP to further abuse and puts the bully in the role of 'master' - not a good idea IMHO.

Kind regards, Mac
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Re: Leaves From a Tree

Postby Treeman » Sat Dec 28, 2013 10:05 am

MacadamB53 wrote:the neighbour has been witnessed blowing leaves from his land to the OP's land. This a little different from gathering them up to 'return' them to their owner.



How is that diferent?
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Dec 28, 2013 10:32 am

Hi Treeman,

I consider that whilst the two acts achieve broadly the same outcome they are different because gathering the leaves from your land and handing them back to their owner is a reasonable and civil way to go about things (however petty it might be). Whereas waiting for your neighbour to clear his garden of leaves then going out and blowing a load across without prior communication is unreasonable and uncivil.

Do you disagree?

Kind regards, Mac
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Re: Leaves From a Tree

Postby despair » Sat Dec 28, 2013 11:00 am

Macadam

In what form do you feel the leaves should be returned to the tree owner ............./

ie in a bag or dumped over the fence in a pile
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Dec 28, 2013 11:13 am

despair wrote:Macadam

In what form do you feel the leaves should be returned to the tree owner ............./

ie in a bag or dumped over the fence in a pile


By whatever methods have been agreed.
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Re: Leaves From a Tree

Postby ukmicky » Sat Dec 28, 2013 3:10 pm

Returning naturally fallen leaves on mass without permission is a nuisance which would be actionable in court and should be treated in the same way as if i dumped rubbish on my neighbor's land.

It would be practically impossible to guarantee you return only that which has fallen from your neighbor's tree and no defence would be available.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Leaves From a Tree

Postby arborlad » Sat Dec 28, 2013 3:54 pm

MacadamB53 wrote:............ gathering the leaves from your land and handing them back to their owner.............



Whilst they are attached to the tree, the leaves belong to the tree owner, one they become detached, they become the responsibility of the owner of the land they fall on.
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smile...it confuses people
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Re: Leaves From a Tree

Postby despair » Sat Dec 28, 2013 4:26 pm

"Once detached from the tree they become the responsibility of the landowner thry fall on "

oh if only that got through to some very petty andcstupid neighbours

as for "by whatever means of return agreed" problem neighbours wont agree anything and simply continue to dump leaves etc over where ever it suits them
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