Disposal of Plant Trimmings

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mumofewan
Posts: 2
Joined: Sat Apr 16, 2011 8:25 pm

Disposal of Plant Trimmings

Post by mumofewan » Tue Apr 19, 2011 3:20 pm

My neighbours are social housing tenants who have recently taken to a spot of gardening. There is an 8ft boundary fence between our properties (their boundary wall) and there is ivy and hedge plants growing on their side of the fence. We have some of the ivy roots and hedge plants on our side but we got rid of most of this last year. Their garden is large and like a jungle as they have not mowed the grass for 2 years. They are very bad neighbours who are loathed in our street for their drunken and drugged up antics. We are in the process of selling up to get away from them. Last week the male tenant came to see me demanding that I took all the garden rubbish away from his garden. I asked him what it was and he said it was the ivy trimmings off his side of the fence, along with some other plant matter. I said that I didn't think we had to do this and then he got very abusive and threatened to throw the lot over the fence (13-15 black bags full). He immediately rang the housing association who own the property who advised him to throw it in our garden as some of the roots are in our garden (not many). I rang them and got a different story where they claim they told them not to do that. My husband saw him later in the day and the male tenant threatened to hurt him so we called the police as things seemed to be getting out of hand. The police told him to take the matter up with the Housing Association. I rang the Housing Association the following morning and was assured that the tenants had been told to dispose of the rubbish themselves, but they also seem to have been told to dump all their rubbish on our land when they phone. They are very stubborn and obnoxious people - they could put the plant material in their council recycling garden-waste bin but they are just being lazy and awkward. The female tenant came to see my husband last night again threatening to dump the trimmings in the front garden of our house. I called the Housing Association today and explained that legally I did not think we could be forced to accept their rubbish and that it would be a fly-tipping/ littering offence at the very least. I asked if it would be deemed acceptable behaviour for me to throw back the remains of dead mice and weeds that we have to deal with as a result of their dirty garden conditions.

Can anyone tell me the legal position? I don't intend to get into dead-rodent flinging competitions anytime soon, but it seems to me that I should not be obliged to accept their garden trimmings especially after they have been so abusive and menacing.

mr sheen
Posts: 2133
Joined: Fri Feb 27, 2009 2:33 pm

Re: Disposal of Plant Trimmings

Post by mr sheen » Tue Apr 19, 2011 3:45 pm

When trying to sell a property, it is often more advantageous to do whatever it takes to keep the peace and make it appear that the neighbourhood isn't so bad. Getting 'legal' with any neighbour if you wish to sell in the near future can create problems and get you nowhere fast and stall any potential sale. Your choice obviously but if you really want to sell, one option is to smile sweetly and go round and clear what they want. Satisfied neighbours are less likely to create havoc during viewings.

Conveyancer
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Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Disposal of Plant Trimmings

Post by Conveyancer » Wed Apr 20, 2011 8:50 am

If you cut back vegetation which overhangs your property you must offer the arisings to your neighbour. If he declines them you must dispose of them yourself. Throwing them onto your neighbour's property is a trespass. If he throws them back that is also a trespass.
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