Trees & neighbour complains

Trees & neighbour complains

Postby loggzi » Sun Aug 10, 2014 12:36 pm

The last time I posted was in Boundaries section when I had complaints from a neighbour over boundary/fence issues he had with my property. That was 2 years ago he didn't succeed then however he is on a mission for a victory of some sort. Last year this neighbour (who lives next door but one) turns out to be the new owner of the house next door too which he bought 12 months ago May. But no one has lived in the property since his purchase of it. In my back garden I had 2 very tall conifer trees which looked dead so I had them professionally cut down last month. As he doesn't live next door or have anyone living there I knocked on his door to ask permission for the tree surgeons to step onto their land next door in order for the disposal of branches etc that would fall onto the garden. He said NO. I explained that as he has vehicles on bricks at the rear of my property (which is un adopted road or private land) and will not move them for access the branches/tree bits would either have to stay there or you let us move them which means stepping onto the garden next door. He refused. It was a struggle for the tree surgeons to physically haul cut logs and huge branches over my back fence because of the wrecks he keeps in the end they lifted my side fence panel out and took them over the rear fence of next door. Even though he refused permission to step on the land there was no other way to clear everything up and the neighbour stood in the garden next door 'supervising' and questioning their profession.
2 weeks later I received a typed letter from this neighbour asking for compensation for clear up of debris etc and damages. Knowing what this person is like I took photos of fences/garden his and mine before and after. I didn't acknowledge his letter trying to extort money. Then... Last Friday environmental health officers knocked. They had just come from next door but one to mine. He had made a complaint that behind his rear fence next door some logs had been left. As his vehicles back up to the outside of my rear fence there is no way I can see so I drove round the back myself to have a look. I couldn't see any sign of trees branches logs ... Until I looked under one of his vehicles on bricks backed up to my property and low and behold there are 2 or 3 logs and a few twigs. The environmental health officers informed me that although they have no proof the logs are "mine" would I please remove them. I agreed to do this but my problem is I cannot access them at all due to his vehicles that have been in the same position for last 12 years. How do I stand legally with all this and are logs an environmental issue really? Don't really want to get personal but this neighbour has a garden like something out of steptoes yard. I don't care how he lives just as long as he leaves me alone. Anyone got any sound advice?
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Re: Trees & neighbour complains

Postby arborlad » Sun Aug 10, 2014 1:33 pm

loggzi wrote:. Anyone got any sound advice?



Contact the company that did the work and explain they missed a few bits and can they clear them when next in the area.
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smile...it confuses people
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Re: Trees & neighbour complains

Postby Mojisola » Sun Aug 10, 2014 8:43 pm

loggzi wrote: I agreed to do this but my problem is I cannot access them at all due to his vehicles that have been in the same position for last 12 years. How do I stand legally with all this and are logs an environmental issue really? Don't really want to get personal but this neighbour has a garden like something out of steptoes yard.


Write him a polite letter saying that as soon as he gives you access to the logs by removing the vehicles, you will dispose of the them.
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Re: Trees & neighbour complains

Postby loggzi » Sun Aug 10, 2014 9:23 pm

Thank you for taking time to reply. I did contact contractors who took trees down on Friday and they said they would come out yesterday to clear up however they didn't arrive. I also spoke again to environmental health offices and explained my concerns re access to logs as I would not want contractors to touch the vehicles in any way shape or form as I would imagine it would give him another excuse to send a complaint and he said he will speak to complainant tomorrow. What I would really like to know is :- are the logs really an environmental health issue? The visiting officer said he didn't have proof but would I co operate which I will of course but I will admit I am peeved the more I think about it
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Re: Trees & neighbour complains

Postby COGGY » Sun Aug 10, 2014 10:05 pm

Did you explain to the Environmental Officer that the neighbour had refused to move his vehicles when requested? I really cannot see that you need do more. You requested him to move his vehicles, he refused. Suppose you or someone working for you were to injure themselves on these vehicles. In any case if the logs are under vehicles how does anyone know they are there, without actually crawling along the floor.

If you write to the neighbour requesting him to remove his vehicles then send a copy of the letter to Environmental Health I would forget it. Next move is up to the awkward neighbour.

The world seems to have gone mad. The awkward people get support and those that are reasonable are taken advantage of.

Kind regards
Coggy
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Re: Trees & neighbour complains

Postby loggzi » Mon Aug 11, 2014 11:35 am

Thank you Coggy for your reply. Your last sentence is too true. I have done everything as suggested and can't think of any more to do except get someone to physically crawl underneath the vehicles which is not going to happen. I have again this morning contacted environmental health and they are going to phone him today. I'm going to leave it in their hands now. Some neighbours need to live on an island of their own. Thanks again
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Re: Trees & neighbour complains

Postby arborlad » Mon Aug 11, 2014 2:37 pm

loggzi wrote:Thank you Coggy for your reply. Your last sentence is too true. I have done everything as suggested and can't think of any more to do except get someone to physically crawl underneath the vehicles which is not going to happen. I have again this morning contacted environmental health and they are going to phone him today. I'm going to leave it in their hands now. Some neighbours need to live on an island of their own. Thanks again



I wouldn't stress too much about this, you've done nothing wrong.

A log or two rolling under a parked car is not that unusual an event, a rake or similar usually retrieves them without any risk. Anyone working on trees is normally very 'risk aware', they have to be.
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Re: Trees & neighbour complains

Postby Janieb » Mon Aug 11, 2014 2:49 pm

loggzi wrote:I explained that as he has vehicles on bricks at the rear of my property (which is un adopted road or private land) and will not move them for access the branches/tree bits would either have to stay there or you let us move them which means stepping onto the garden next door.


Surely you are as entitled to have logs on that piece of land as he is to have his vehicles? Which is probably not at all. But the only one who could request their removal is the legal owner of that land.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: Trees & neighbour complains

Postby COGGY » Mon Aug 11, 2014 7:09 pm

Surely you are as entitled to have logs on that piece of land as he is to have his vehicles? Which is probably not at all. But the only one who could request their removal is the legal owner of that land.


Well said Janieb.

Best regards
Coggy
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Re: Trees & neighbour complains

Postby MacadamB53 » Mon Aug 11, 2014 8:25 pm

COGGY wrote:
Surely you are as entitled to have logs on that piece of land as he is to have his vehicles? Which is probably not at all. But the only one who could request their removal is the legal owner of that land.


Well said Janieb.

Best regards
Coggy

and the LA have the powers to issue a fixed penalty and remove the vehicles if they consider the cars to be "abandoned" (eg some but not all of: no valid tax disc, missing or flat tyres, stationary for a long time, in a state of disrepair, partly dismantled, not owned by the occupier/landowner etc, etc).

Kind regards, Mac
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Re: Trees & neighbour complains

Postby Roblewis » Mon Aug 11, 2014 8:25 pm

If the land is not owned by him then the vehicles should be SORNED or written off. Check his land ownership if you can
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Re: Trees & neighbour complains

Postby APC » Mon Aug 11, 2014 9:14 pm

Wonder if the neighbour physically put them there themselves just so they can play out their confrontation fantasies?

Check the tax disc and hope its missing.
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Re: Trees & neighbour complains

Postby loggzi » Tue Aug 12, 2014 8:50 pm

[quote="APC"]Wonder if the neighbour physically put them there themselves just so they can play out their confrontation fantasies?

Check the tax disc and hope its missing.

That has been a thought that crossed my mind. But today is Tuesday and the visit from environmental health was Friday. I have rang them 3 times and left messages of my concerns and no one returned call. Makes me wonder what all this fuss is about. The land is apparently owned by the houses that back onto this piece of land for their access. I have checked with dvla, police, environmental health and I can't do anything about getting these vehicles moved. They don't have tax, insurance or mot because I was led to believe they are on private land so doesn't have to abide by same laws as public road. If it was domestic rubbish/ food etc I could fully understand how this would be an issue but logs??? I can't physicLly get the logs out even using a rake as I am a wheelchair user and cannot get at the right angle to get them out and really would not want to risk anybody getting injured. I'm sure it will all sort itself out sooner or later. The man is after a victory but he not going to get one this time either. Thanks to everyone who took time to comment with advice. Much appreciated.
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Re: Trees & neighbour complains

Postby Roblewis » Wed Aug 13, 2014 10:13 pm

If they not taxed then they must be sorned or scrapped. There is no other option. The police nor LA have powers to remove them from private land but the owner does - at his expense. Contact DVLA and pass on the facts and registration numbers.
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Re: Trees & neighbour complains

Postby MacadamB53 » Wed Aug 13, 2014 11:29 pm

Roblewis wrote:If they not taxed then they must be sorned or scrapped. There is no other option. The police nor LA have powers to remove them from private land but the owner does - at his expense. Contact DVLA and pass on the facts and registration numbers.

Hi Rob,

are you not forgetting:

the Refuse Disposal (Amenity) Act 1978
the Removal and Disposal of Vehicles Regulations 1986 (issued under s99 of the Road Traffic Regulations Act 1984)

the former gives the LA power to remove abandoned vehicles after serving a 15 day notice to the landowner (no notice required if it is a road which the public can access)

the latter gives the police power to remove vehicles abandoned without lawful authority

or am I overlooking something?

Kind regards, Mac
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