Leaves From a Tree

Re: Leaves From a Tree

Postby MacadamB53 » Sat Dec 28, 2013 5:58 pm

arborlad wrote:
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.


Thanks for making that clear for the OP as I now realise without this info my post would be misunderstood.

Merry Christmas and kind regards, Mac
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Dec 28, 2013 6:01 pm

despair wrote:"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


Such people would be causing a nuisance as referenced by ukmicky.

Merry Christmas and kind regards, Mac
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Re: Leaves From a Tree

Postby Russwh » Mon Jan 06, 2014 10:00 pm

Hi Catapult1 & Coggy,
Just read your replies and I'm somewhat surprised. As I mentioned the driveway is open plan and the tree was there long before me and also a lot longer than our neighbour. The fact is trees will drop leaves during the autumn and will make a mess which I clean up on my side of the boundary but the annoying thing is that he will come out within a couple of days and just blow his garden debris across the boundary completely ruining my previous work.
I don't think that offering to clean his side would be very wise as I've made them keep to their side through previous legal letters as they used to park on my driveway and limit my access. The other point to make hear is that if I'm not obliged to take the debris (I use this word as the rubbish contains grass cuttings and soil) then I'm not going to. Indeed the council have a service that will collect the garden rubbish free of charge.
I liked the comment that someone made about them being better off living in a high rise block of flats but unfortunately I don't think this is going to happen any time soon.
I did notice that over Christmas the neighbour seemed to sweep his driveway and grass with a broom (must have been a present) and placed the rubbish in his household wheelly bin. I'm not convince the saga is over yet, I'm thinking the sweeping only happened because the ground was wet and the blower is not very effective in these conditions.
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Re: Leaves From a Tree

Postby COGGY » Mon Jan 06, 2014 11:48 pm

I am sorry for your predicament. Would it be possible to plant shrubs between the gardens, might that help or would he just walk up to your drive and throw the leaves down. He sounds like a real pain but unfortunately you are stuck with him. If you cannot stop him then you have to find a way to accept what he does. What would happen if you went out when you saw him and laughed (in a friendly manner) at his actions. Or does he wait for you to go out? Do you think he gets pleasure from annoying you? If so it might be that ignoring his actions would stop him.

Best wishes
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Re: Leaves From a Tree

Postby MacadamB53 » Tue Jan 07, 2014 12:06 am

Hi Russwh,

Why not arm yourself with an EZ leaf hauler and go out and help next time he's out there:

Image

Kind regards, Mac
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Re: Leaves From a Tree

Postby Russwh » Wed Jan 08, 2014 11:31 pm

Coggy,
It is not possible to plant anything or even erect a fence between our properties as this would be breaching a restrictive covenant. I would love to have a fence but I know that he would not agree to it as we've already been down this route.
I'm not really willing to accept his behaviour as it's really antisocial. Unfortunately as you say, he waits for us to go out and then will blow the debris onto our side.I really don't know how anybody could have the cheek to stand at the boundary and blow the debris whilst knowing that CCTV is recording your actions. I definitely think he gets pleasure from doing this to us as we asked them not to use our driveway in any way as it was very restrictive in its original form. The driveway was developed about 3 years ago, but this was for our benefit and not theirs, and therefore we asked that they should not use it in any way.
Other neighbours are also being affected by his actions. We have two other neighbours who seem to like the tree, one of these neighbours will sweep the leaves and dispose of them appropriately while the other is just happy to accept the accumulation of them. This is their prerogative as I'm not really allowed to enter their property to gather the debris.
Mac, the leaf hauler would be good if only I could catch him in the act, but don't forget it's not only leaves, it's also grass cuttings during the summer months.
I suppose a solution to this problem could be that when this happens again I could go out and blow them back with my blower and keep doing this until he picks them up. Maybe I could employ a Romanian cheaply enough to do it for me.
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Re: Leaves From a Tree

Postby appledore » Thu Jan 09, 2014 7:21 pm

MacadamB53 wrote:Hi Russwh,

Why not arm yourself with an EZ leaf hauler and go out and help next time he's out there:

Image

Kind regards, Mac


The ground sheet arrangement is a good idea. It would save bending down to pick up the leaves. You could just gather it up and put the leaves in the bin (or over the fence if no one was looking). :)

Does anyone know where I could buy one?
Keep calm and carry on.
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Re: Leaves From a Tree

Postby span » Thu Jan 09, 2014 8:26 pm

Google up "EZ Leaf Hauler"
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Re: Leaves From a Tree

Postby MacadamB53 » Thu Jan 09, 2014 9:21 pm

span wrote:Google up "EZ Leaf Hauler"

+1

Or you could try a DIY version with a sheet of tarp, some bamboo canes and some gaffa tape if you're that way inclined ;)

Kind regards, Mac
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Re: Leaves From a Tree

Postby COGGY » Thu Jan 09, 2014 11:31 pm

Russ
When you say it is grass cuttings as well, do you mean he sends his own grass cuttings across to your garden? How old are the houses? I appreciate it may be open plan, but after a certain amount of time it is normal to disregard this. You could plant flowers or small shrubs, so that when he blows the debris across it just gets caught in the plants.

If it is possible to have a tree then surely a few shrubs should be allowed.
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Re: Leaves From a Tree

Postby Russwh » Fri Jan 10, 2014 10:43 pm

Coggy,
Yes he blows his driveway in the summer when he cuts the grass and I get all the debris then as well. I know their his cuttings as no one else has grass in their front gardens.
The houses were built in the early 80s I think. The land registry deeds specifically say that no wall, fence, shrub or plant should be placed along the boundary other than ones marked with the letter T, which none of mine have.
I tried to get the covenant removed but I think they have to be in agreement to have this done. Therefore as it is a positive covenant to them now, they definitely won't let me remove it.
The sad fact is that the previous owners of the house (a nice old couple) also breached a covenant by building a front extension (son in law was a solicitor). This happened just before we moved in and didn't really bother us as they didn't drive and therefore not park a vehicle on the driveway. It was when they moved in that the poor parking happened and we had to tell them to stop and consider us which used to happen for a couple of weeks then the same old problem would happen again.
Anyway, now the parking problems have ended and they do not trespass we have the leaf/garden debris problem.
That's why I suspect he is doing this out of malice.
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Jan 11, 2014 1:58 am

Hi Russ,

If you want to take a less neighbourly but more assertive approach just apply for an injunction which prohibits him from carrying out the trespass to your land.

Kind regards, Mac
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Jan 11, 2014 9:18 am

MacadamB53 wrote:Hi Russ,

If you want to take a less neighbourly but more assertive approach just apply for an injunction which prohibits him from carrying out the trespass to your land.

Kind regards, Mac


Hi Russ,

How did you resolve his previous trespass - the parking?

Kind regards, Mac
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Re: Leaves From a Tree

Postby Conveyancer » Sat Jan 11, 2014 11:26 am

I fear that Russwh's problem is not really amenable to a "legal" solution. In theory he can of course take proceedings, but the situation does not warrant it. The courts are reluctant to grant injunctions because of the serious consequences which flow from breaching one. If we ask whether someone should go to jail for blowing leaves onto to his neighbour's land, I think we are all likely to say that he should not. We cannot expect the civil courts to effectively make up new crimes. To obtain an injunction the nuisance needs to be serious or there has to have been a course of action amounting to something like harassment. Whilst the neighbour's actions are more than mildly irritating they are not sufficient to justify proceedings. A solicitor's letter may help, but on the other hand may lead to further problems.
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Re: Leaves From a Tree

Postby MacadamB53 » Sat Jan 11, 2014 1:32 pm

Conveyancer wrote:I fear that Russwh's problem is not really amenable to a "legal" solution. In theory he can of course take proceedings, but the situation does not warrant it. The courts are reluctant to grant injunctions because of the serious consequences which flow from breaching one. If we ask whether someone should go to jail for blowing leaves onto to his neighbour's land, I think we are all likely to say that he should not. We cannot expect the civil courts to effectively make up new crimes. To obtain an injunction the nuisance needs to be serious or there has to have been a course of action amounting to something like harassment. Whilst the neighbour's actions are more than mildly irritating they are not sufficient to justify proceedings. A solicitor's letter may help, but on the other hand may lead to further problems.


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

Kind regards, Mac
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