Neighbour Dumping Garden Rubbish In Our Garden

[Vivkins3]

There is a euonymous growing exactly on the border between us and our neighbour. He has taken down the fence and wants to put up a new one. He has been cutting down this euonymous and dumping it in our garden. Is he allowed to do this? Even if this WAS our plant, I understand he has to "offer" the cuttings (or fruit when applicable) back but as far as I know he is not entitled to just toss it all over our side for us to dispose of is he? Unless somebody here knows better ...

[VHG]

Sometimes neighbours need a bit of give and take.

He is cutting down the shrub and putting up a new fence so maybe you can be a "good neighbour" and take away the cuttings.

A few years ago two neighbours in our street had a row about disposal of cuttings and in the end one of the neighbours went round with an iron bar and smashed up their car, as well as smashing the windows in the downstairs bay window.

The police were called and he went to court and the end one of the neighbours had to move.

So try to be careful or these things can escalate.

[VHG]

Here is a picture of the car I took after the attack.

Not only did he smash every pane of glass in the car but put a dent in each panel.

[URL=http://s664.photobucket.com/user/guilbert53/media/car2.jpg.html][IMG]http://i664.photobucket.com/albums/vv10/guilbert53/car2.jpg[/IMG][/URL]

[VHG]

That link did not work, lets try this one

http://s664.photobucket.com/user/guilbert53/media/car2.jpg.html?sort=3&o=758

[gingejbee]

I agree with VHG. Whatever the rights and wrongs, after all this you still have to live next to each other.......or move (as above)!

[Everhelpful]

At least you will be getting a new Fence,seems reasonable to me.

[Purple_Popple]

They are cuttings, that is all, not rubbish or harmful waste, merely cuttings, people have gone to war for less. Just put the cuttings in your trash.
It's really not worth arguing or causing a disturbance over now is it. Put this into perspective, at least you will have a new fence to admire after all this is done. Happy days.

[2sp_]

Good grief, VHG!

Just shows how neighbourly disputes can quickly escalate.

Vivkins, maybe your neighbour thinks it is your plant?

How do you normally get on with them? I would be inclined to just clear up the cuttings myself. Sometimes you have to pick your battles.

[wiltsman]

It would have been better if your neighbour had popped round for a friendly chat before starting to put up a new fence. But why don't you go round instead and thank him for erecting the fence - a chat between the two of you could be useful, and you might see him in a new light.

All you can do now is to accept its happened and not to do anything that might escalate the situation.

You have already been offered good advice by VHG.

[beso]

I don't know how it works where you live but where I live in Australia the neighbor has the right to dump the cuttings onto your side of the fence from your plants that overhang the boundary. They don't have to offer you anything, especially the fruit which is their to keep. if they wish.

This quite reasonable given the indisputable fact is that you are using part of their space to grow your plant. In some jurisdictions they can even claim the costs of pruning your plant and seek reimbursement for any damage cause by the roots of your plant.

Perhaps you should consider apologising for the intrusion of your plant onto their space.

[daffy654]

Beso, Vivkins has not said the plant is theirs, there seems to be some dispute or confusion as to whose it actually is. I would just bag the cuttings and leave them out for the binmen, or ask the neighbour if he could bag them as he cuts.

[Vivkins3]

No this isn't quite as straightforward as "be a good neighbour and get rid of it for them". For a start there is an old issue when they cheated me out of some money for some work (in the course of my profession) I did for them several years ago. Then there is the issue of they took the original fence down about a year ago and have made no attempt to put a new one up. The new fence isn't going to benefit me at all as it is at the bottom of the garden so "I" won't be getting "a new fence" at all and in any case it is HIS fence to put up - we fenced the other two sides some time ago at our own cost, cut back only what plants were necessary and got rid of all the cuttings and rubbish ourselves. I don't see why we should have to get rid of his rubbish too.

[Vivkins3]

So please is there anybody here who actually knows the legal situation?

[Bazile]

This might help

http://www.primelocation.com/guides/legal-and-surveying/guide-to-garden-law/

scroll down to the heading - ' Overhanging trees & roots '

[Vivkins3]

Bazile - thanks. This bit is interesting "In such circumstances, the law permits you to cut any overhanging branch (or underground root growing into your garden). However, these must be either returned to your neighbour or the offer made to return them." They were not offered - they were dumped and form a heap about 4 feet high - about 8 - 10 feet of it. It would take somebody many many hours to bag it up for the dustmen and in any case there is a limit to how much they would take. So please does anybody KNOW what I can do about this? Should I just dump it back onto his garden? We are not on speaking terms ever since he cheated me out of some money.

[ToraToraTora]

I know that if a tree overhangs a neighbours garden they can cut it and put the cuttings back over. You say it "was" your plant, is it not any more? how did that occurs has it been uprooted and moved? Is it on your land?

[ToraToraTora]

Can you asnwer these questions:
1. Is the plant on your land?
2. does (did) it over hang their land?

if yes to the above they are within their rights.

[Vivkins3]

Hello Tora - no I've not said it was "my" plant.

1) No - it was part of a broken down old fence (exactly on the border) when we moved here in 2000 and he moved here in about 2002.

2) Yes it hangs over both sides and forms a screen between the two houses.

[Vivkins3]

A euonymous is a shrub, not a tree.

[Mamyalynne]

Well if it is exactly on the border, you might say it belongs to you both - so maybe clear half each ? But as it sounds like you are both at odds with other, then maybe paying a Lawyer is your only way out.

[phleb]

I would just throw it back over, and keep doing it till he gets the hint (if it upsets you that much) otherwise, like most said, dispose of it yourself, he may not know that he doesn't have to give them to you as hey are yours, so chat with him, he may not want to break the law that's why he is throwing them over in case you kick off.