Neighbours pruned my tree

[felixthelogchopper]

I always thought that if prunings that were up to the boundary I.e common law right, could be placed back onto the land of owner of vegetation, and they could be done so without causing damage to any feature, or trespass like entering air space, then a neighbour could place/throw/chuck them into the garden of owner without being seen to have fly tipped. Sure mynors references it in his book to.

 

You are obliged to offer them to the tree's owner but they are not obliged to accept them.

[ReubenHayes]

As it has been said before the pruning back to the boundary line is a common law right, they should communicate with you first and offer the branches back. If they don't and they prune back further than the boundary and throw the branches, then yes it would be trespass, fly-tipping etc. You could go to a solicitor and follow the process, it will cost a lot of money and as they are tenants they could just move leaving you with a big bill.

 

I have in the past been contacted by someone (person A) who had a neighbour (Person B) who would cut every overhanging branch, leaf and flower to the boundary. Person A got annoyed by Person B (not just because of this) and when Person B hedge got too large Person A decided to prune back the overhang and reduce the top!! Person B contacted the police and to be fair they came out and just explained the law. Although I personally believe the Police do have better things to do with their time, the Police were very helpful at explaining what they can and can not do. Person A just contacted me to see if this was correct.

 

That could be something worth looking in to if you really want an end to it.

[10 Bears]

Just to throw a spanner in the works, and this is purely from memory but I can probably check later - I don't think you can cite fly-tipping in this instance, only littering.

 

The reason is when the branches are attached to the tree, they are actual property - like the land itself. When they are removed, as you know, they remain the property of the original owner even though they are separated from the land/tree. It doesn't matter who cut them, or that they were chucked over the fence, as they are the private property of the owner - they can be fly-tipped on his property as he still owns them. In other words, you can't claim fly-tipping of your own property on your own land. It has to be someone else's property being dumped on your land.

 

So, its a minor point in the scheme of things - but you can accuse them of littering your land which as you would expect is much less significant then fly-tipping.

[treequip]

Just to throw a spanner in the works, and this is purely from memory but I can probably check later - I don't think you can cite fly-tipping in this instance, only littering.

 

The reason is when the branches are attached to the tree, they are actual property - like the land itself. When they are removed, as you know, they remain the property of the original owner even though they are separated from the land/tree. It doesn't matter who cut them, or that they were chucked over the fence, as they are the private property of the owner - they can be fly-tipped on his property as he still owns them. In other words, you can't claim fly-tipping of your own property on your own land. It has to be someone else's property being dumped on your land.

 

So, its a minor point in the scheme of things - but you can accuse them of littering your land which as you would expect is much less significant then fly-tipping.

 

And the penalty for fly tipping in such an instance is a mildly slapped wrist

[Tommy_B]

Her fears about her granddaughter are real to her, even if we think she is bonkers. It doesn't look like she will change, so a degree of acceptance may be the way forward. Perhaps you could say you accept her concerns and will keep the tree pruned, but could she let you take responsibility for the pruning.

 

This post!

[eggsarascal]

Shamefully much closer to my natural reaction! It's hell in a hand-cart for me (and you Mr Eggs!) but at least I'll be giggling all the way!

 

If we have to go to Hell, so be it.

 

I'm a pretty simple sort of bloke Kevin! (Insert your own joke).

 

I work on the grounds of, you leave me and mine alone, I'll leave you and yours alone. Cross the boundary and I'll set Mrs Egg on ya.

[fagus]

Log dog is right ,tis criminal damage to your property. Involve the Police. You wouldn't be thinking twice about it if they damaged your car.

[Gary Prentice]

I always thought that if prunings that were up to the boundary I.e common law right, could be placed back onto the land of owner of vegetation, and they could be done so without causing damage to any feature, or trespass like entering air space, then a neighbour could place/throw/chuck them into the garden of owner without being seen to have fly tipped. Sure mynors references it in his book to.

 

That was what we were told at college, or rather it was Mr Dowsons opinion/understanding.

 

I can't say that I've come across it in Mynors though.

[Gary Prentice]

Just to throw a spanner in the works, and this is purely from memory but I can probably check later - I don't think you can cite fly-tipping in this instance, only littering.

 

The reason is when the branches are attached to the tree, they are actual property - like the land itself. When they are removed, as you know, they remain the property of the original owner even though they are separated from the land/tree. It doesn't matter who cut them, or that they were chucked over the fence, as they are the private property of the owner - they can be fly-tipped on his property as he still owns them. In other words, you can't claim fly-tipping of your own property on your own land. It has to be someone else's property being dumped on your land.

 

So, its a minor point in the scheme of things - but you can accuse them of littering your land which as you would expect is much less significant then fly-tipping.

 

I think the key word might be 'removed'.

 

I understand that leaves are free agents once the leave the tree, so bagging next doors leaves and throwing them over the fence might be a different matter.

[renewablejohn]

Good job your not my neighbor as everything gets cut with a 6ft pole pruner as far as I can reach from my own land. All the evidence is burnt in a 45 gall drum. No complaints to date.