Two problems with neighbour

Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 11:09 pm

Hi Rob,

thanks for the explanation - I don't doubt an offence may have happened.

I'm just interested in the size and scope and circumstances.

Kind regards,
PS "outwith" - are you Scotch?
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Re: Two problems with neighbour

Postby Roblewis » Sun Jul 13, 2014 11:22 am

Of course if as a domestic user he used commercially approved pesticide and is not trained then further offences could be additionally available.

Moral 1 is - Do not spray near thy neighbours fence or on a windy day.
Moral 2 is - Check the approvals to see if it is suitable
Moral 3 is - Think twice before you spray
Moral 4 is - Let the Village Hall or club committee contract a formal professional to do the Hall/club grounds
Moral 5 is - Think where the heck you are going to wash everthing out afterwards

This legislation applies to all UK residents, at work or not, except as noted on the legislation.
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Re: Two problems with neighbour

Postby humptydumpty » Sun Jul 13, 2014 11:58 am

MacadamB53 wrote:Hi Rob,

- are you Scotch?
Like Whisky?
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Re: Two problems with neighbour

Postby Roblewis » Sun Jul 13, 2014 12:19 pm

Defintely Auchentoshan but am afraid outwith that information I am afraid I spent too much time with Quantity Surveyors who love such words as Outwith, Recission, Determine etc etc.
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Re: Two problems with neighbour

Postby jerry12953 » Mon Jul 28, 2014 2:13 pm

Just an update.

I have spoken to the Council Tree Officer and he said the tree is not a candidate for a TPO as it is not really visible from public spaces. He said he would send me some more information in relation to trees but hasn't.

I have also just spoken to the farmer whose land is at the bottom of the two gardens. He maintains that he did not ask the neighbour to fell the boughs overhanging the field, but did give him permission to collect fallen timer from the field.

So it looks like the neighbour is lying.

Does any of this change the legal situation?
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Re: Two problems with neighbour

Postby MacadamB53 » Mon Jul 28, 2014 3:02 pm

Hi jerry,

Does any of this change the legal situation?

you need to ask a sols whether you could take legal action if the farmer first takes action for a trespass, but my hunch is the two of them will end up just agreeing there was a misunderstanding.

what are you hoping to achieve though - you own a tree that has been encroaching into the airspace of at least two neighbours' properties, they have abated this trespass, and the very next time it encroaches again they are lawfully entitled to do the same.

I realise you feel some attachment to the tree and this is definitely no bad thing, but this is just how it is.

what about the weedkiller incident - is he going to be prosecuted?

Kind regards, Mac
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Re: Two problems with neighbour

Postby jerry12953 » Tue Jul 29, 2014 9:19 am

But if every tree was cut back to within the limits of the property in which the trunk stands we (ie the planet) would lose an awful lot of trees.

This seems to be a very legalistic interpretation of the situation.

A solicitor told me yesterday that if the neighbour has felled parts of our tree outside the boundaries of his property he has broken the law, unless he did it as an agent of the landowner. However the solicitor didn't seem to think that even him writing a letter (" A shot across his boughs") to the neighbour would be worth it.

Of course the weedkiller incident isn't going to lead to a prosecution! I can't get a straight answer out of anybody about which law he has broken. And who would be the prosecuting authority? It seems to be another of these grey areas where almost everybody agrees the neighbour has done wrong but there is no agreement about what, if anything, can be done about it.

As it is we're in the process of writing a strong letter to the neighbour and asking to discuss it with them. I won't be looking forward to that as I can't stand the sight of the guy.
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Re: Two problems with neighbour

Postby Roblewis » Tue Jul 29, 2014 11:56 am

jerry

He has breached the Control of Pesticide Act 1986 on the facts you present. Talk to your EHO and MAFF as one of them will lead any prosecution.

Which sections are breached is not your concern>

Rob
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Re: Two problems with neighbour

Postby jerry12953 » Sun Aug 03, 2014 11:34 am

Roblewis wrote:jerry

He has breached the Control of Pesticide Act 1986 on the facts you present. Talk to your EHO and MAFF as one of them will lead any prosecution.

Which sections are breached is not your concern>

Rob


Thanks for that, although weedkiller may not actually be a pesticide...... He has admitted doing it (by mistake) but if it came to court case I'm sure he would deny it and it would be their word against ours. I should have photographed the damage as soon as it happened.
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Re: Two problems with neighbour

Postby arborlad » Sun Aug 03, 2014 12:04 pm

jerry12953 wrote:
Roblewis wrote:jerry

He has breached the Control of Pesticide Act 1986 on the facts you present. Talk to your EHO and MAFF as one of them will lead any prosecution.

Which sections are breached is not your concern>

Rob


, although weedkiller may not actually be a pesticide.......



Weedkiller is a herbicide. Pesticide is a very broad term but it encapsulates just about everything that is harmful in some way, includes fungicide, insecticide, rodenticide.............................etc., weeds are a pest so a herbicide is the specific pesticide for that task.
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smile...it confuses people
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Re: Two problems with neighbour

Postby arborlad » Mon Aug 04, 2014 4:21 pm

jerry12953 wrote: I should have photographed the damage as soon as it happened.



If he was using something like Roundup, it wouldn't be immediately apparent but should still be visible now.
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