Leaves

[DN22 Gardening]

One of our Estate Agent clients has been having problem over the last year at one of their properties.

The neighbour at the house wants the tenant to take out a small Sycamore at the bottom of the garden but the actual owner of the house is reluctant.

We've been out a few times this year, firstly crown lifted it, then thinned, the finally reduced.

Got an email when I got in tonight asking me to go and have a look as the neighbour has today bagged a load of leaves up and thrown them over the fence !!!!!!

I know it's legal to 'return' any overhanging branches etc. never had leaves returned though.

 

Anyone had experience of this ?

 

 

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[likeitorlumpit]

One of our Estate Agent clients has been having problem over the last year at one of their properties.

The neighbour at the house wants the tenant to take out a small Sycamore at the bottom of the garden but the actual owner of the house is reluctant.

We've been out a few times this year, firstly crown lifted it, then thinned, the finally reduced.

Got an email when I got in tonight asking me to go and have a look as the neighbour has today bagged a load of leaves up and thrown them over the fence !!!!!!

I know it's legal to 'return' any overhanging branches etc. never had leaves returned though.

 

Anyone had experience of this ?

 

 

Sent from bed using Arbtalk Mobile App

 

Yes

It's common practice especially when the tree is on council land overhanging private housing. Not so much between gardens but then again it would encourage tit for tat if they both have trees

[felixthelogchopper]

Petty but not illegal.

[treequip]

Petty but not illegal.

 

Your thoughts Felix

 

The law holds that the tree owner isn't responsible for the leaves when they fall off so if they land on your property they are yours to dispose of.

 

Chucking them from whence they came would amount to fly tipping?? Not that that has a lot of teeth.

[T14EES T14UNK]

I always remember from when I started and learning about the basics of common law, the statement

'Leaves are like cats and are free to go wherever the wind may blow them'.

 

Once they have landed in the neighbours land they are his property and his problem. Throwing them back over is fly tipping....

 

But as above, who's going to do anything!

[doobin]

I've had the same sort of thing happen on a property one of the estate agents I work for manages.

 

My advice was not to give in to the neighbour (even though I would have gotten the work to take the tree down). It was only a minutes work to throw the bag onto the truck whilst sorting out the rest of the garden. The neighbour had done all the work picking them up, and if he thinks he's making a statement by chucking them over rather than just taking them down the tip or putting them in the green bin, then he's a pathetic individual who needs to get out more. I smiled sweetly, disposed of the leaves and I don't reckon he'll bother again next year.

 

If he starts to give the tenant grief, I would hope the estate agents would back them to the hilt, particularly given that the landlord want to keep the tree.

 

I'd never advise the estate agent to pay me to collect them from his side, that's giving in to a bully.

[felixthelogchopper]

Your thoughts Felix

 

The law holds that the tree owner isn't responsible for the leaves when they fall off so if they land on your property they are yours to dispose of.

 

Chucking them from whence they came would amount to fly tipping?? Not that that has a lot of teeth.

 

Ok, to be fair, for 'not illegal' read 'highly unlikely to be actionable'.

[peatff]

You are supposed to ask if they want the stuff returned not throw it back over the fence. If it was a fruit tree and apples were hanging over they would probably not complain.

[Hedge hunter]

if the leaves are bagged up then that is littering,would it not be best to empty the bags over the fence and keep em?

[treequip]

if the leaves are bagged up then that is littering,would it not be best to empty the bags over the fence and keep em?

 

Nowt to do with bagged or not, chucking stuff over is fly tipping even if is as good as unactionable