Returning/not returning trimmings to neighbour

Re: Returning/not returning trimmings to neighbour

Postby arborlad » Thu Nov 19, 2015 3:34 pm

Conveyancer wrote:Is it theft if you dispose of arisings without consent? Up and down the country thousands trim their neighbours' hedges and dispose of the cuttings with the rest of their garden waste. They do not think to ask the neighbours' consent to do so. Does anyone seriously think that the police, let alone the CPS, would take an interest? Depending on the tree, I suppose large branches may have some value as timber or firewood, but again I suspect none of the powers-that-be would be interested. Intent is a necessary ingredient of most crimes. I suspect any court would hold that there could be no intent when on any reasonable, if not strictly legal, view arisings are not generally thought of as belonging to anyone any more than leaves that fall off in autumn. Fruit laden branches should be regarded differently.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Thu Nov 19, 2015 6:13 pm

Dear Arborlad

When disputes over boundaries have history the cutting of a neighbour's hedge without offer of return may be a contempt of court! The serious cases almost always have history. It is both courteous and right to behave properly towards neighbours without trying to get round the rules by behaving inconsiderately or crassly. It is unnecessary!

best regards


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
Alan Harris
Expert
 
Posts: 495
Joined: Fri Feb 25, 2005 12:46 am
Location: Hayes, Kent

Re: Returning/not returning trimmings to neighbour

Postby arborlad » Fri Nov 20, 2015 10:59 am

Alan Harris wrote:Dear Arborlad

When disputes over boundaries have history the cutting of a neighbour's hedge without offer of return may be a contempt of court! The serious cases almost always have history. It is both courteous and right to behave properly towards neighbours without trying to get round the rules by behaving inconsiderately or crassly. It is unnecessary!

best regards


Alan Harris



You seem to have shifted the focus from the millions of hedges that have no pre-existing disputes to ones where a dispute exists, in those circumstances the actions of others is going to be more closely scrutinised.

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Fri Nov 20, 2015 11:33 am

Hi arborlad,

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.

well put - except nobody is saying this at all, but rather:

A. In the course of recent history, of all the tens of thousands who have cut someone else's hedge(s) and/or tree(s) and cleared away the arisings, some did so with a nefarious thought in their head.

B. In the course of recent history, of all the tens of thousands of people who saw their hedge(s) and/or tree(s) cut by someone else, some wanted the arisings.


Kind regards, Mac
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: Returning/not returning trimmings to neighbour

Postby arborlad » Fri Nov 20, 2015 12:50 pm

MacadamB53 wrote:Hi arborlad,

In the course of today there will be thousands of homeowners and contractors cutting hedges and clearing away the arisings without a nefarious thought in their head, the notion that these law abiding citizens will somehow be crimialised by the end of the day is just too far fetched to be plausible.

well put - except nobody is saying this at all, but rather:

A. In the course of recent history, of all the tens of thousands who have cut someone else's hedge(s) and/or tree(s) and cleared away the arisings, some did so with a nefarious thought in their head.

B. In the course of recent history, of all the tens of thousands of people who saw their hedge(s) and/or tree(s) cut by someone else, some wanted the arisings.


Kind regards, Mac



Yes they are, I just did and it is a fair reflection on the last half century or so that I've done that sort of work. I have specifically excluded trees (and anything of any value arising from them) by not mentioning them. What you have written is a gross distortion of what I have written.

For the umpteenth time - stop with your nit-picking nonsense.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Fri Nov 20, 2015 1:50 pm

Hi arborlad,

stop with your nit-picking nonsense

I wish I could, but I've a title to retain :roll:

Mac
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: Returning/not returning trimmings to neighbour

Postby Alan Harris » Sat Nov 21, 2015 1:37 pm

Dear Mac

What is the "title" which you need to maintain?

Contributors to this site only offer advice on matters which they have experience of. We are not paid by the "assisted" contributor and our advice can only be taken on merit by the reader.

It seems to me that the expert contributors job is to help non experts to understand the overall implications of different actions they may take and as simply as possible. It is necessary to point out risks such as losing in court, being arrested, antagonising others without good reason etc. This is not a competition between experts for top billing nor is it a gossip/chat room which strays totally away from the problems which people bring to the forum.

I quickly lose interest when a contributor has nothing better to do than post to the forum just to see what they have to say appear in print.

The other element of expert contributions is that they need to be honest opinions, and that includes giving the reader some idea of just how much reliance can be placed on the expert's advice.

best wishes


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
Alan Harris
Expert
 
Posts: 495
Joined: Fri Feb 25, 2005 12:46 am
Location: Hayes, Kent

Re: Returning/not returning trimmings to neighbour

Postby MacadamB53 » Sat Nov 21, 2015 5:14 pm

Hi Alan,

it was a joke referring to an allegation made by another forum member that I am a champion nit-picker.

Kind regards, Mac
PS you could have sent me a PM do avoid clogging the thread with trivial non-advice...
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: Returning/not returning trimmings to neighbour

Postby ian cameron dromore » Tue Feb 23, 2016 1:56 pm

I was just looking for this information. I think it is also about communication and informing your neighbor FIRST and asking him/her do they want the clippings returned back to them. Just having a simple conversation before can save so much hassle in the future.
ian cameron dromore
 
Posts: 1
Joined: Sat Jan 23, 2016 4:39 pm

Re: Returning/not returning trimmings to neighbour

Postby cleo5 » Tue Feb 23, 2016 2:40 pm

http://www.inbrief.co.uk/neighbour-disp ... anches.htm
Found this site which offers comprehensive answers.

All very well knowing the right thing to do but what if neighbour's tree overhangs your garden path and has been deemed to be dangerous and in need of felling. In addition many of the overhanging branches are far too high to reach but you are at odds with this neighbour and would not want the slightest contact with him anyway?
cleo5
 
Posts: 272
Joined: Mon May 18, 2015 12:33 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Trees

Who is online

Users browsing this forum: No registered users and 4 guests