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  • FIRST POST
    • Loopy1
    • By Loopy1 19th Jun 17, 8:17 PM
    • 223Posts
    • 84Thanks
    Loopy1
    Neighbour flytipping, advice please
    • #1
    • 19th Jun 17, 8:17 PM
    Neighbour flytipping, advice please 19th Jun 17 at 8:17 PM
    Hi, firstly apologies if this is the wrong forum, I did not know where best to place it. I would like some advice please.

    I have a vehicle access track at the back of my house that gives me access to my garage. Each houseowner owns the patch of this track behind their house and has a council covenant to keep it clear. For the past few years it has been overgrown as nobody has wanted to use it (we are the only house that has a garage now). We recently decided we wanted access to our garage and so started to clean ours and 2 of the neighbours land to allow access up.

    The issue is that a man from the neighbouring street has been dumping garden waste on this land. He has cut a whole in the fence and has dumped literally tons of branches, whole tree logs, stumps. Tons. One time my husband approached him when he saw him do it and his attitude was that it was our problem now not his. Recently he chopped down his trees again and my husband has it all on camera and its plain evidence that he was in our land and chopping trees.

    I have logged it as flytipping on the council website but as it is private land I have read that they are not responsible for clearing it! So does this mean he gets away with it?

    Where does this leave us with options?? Part of me wants to chuck the branches back on his land? (if we cant prosecute him he cant prosecute us?) but there are tons and I cant lob whole tree trunks over.

    I have the support of the 2 neighbours on my street that it also affects as the trees are dumped on their land but as neither of them are bothered about access on this land its my husband and I who ultimately need to sort it.

    Grateful for your help.
Page 1
    • marliepanda
    • By marliepanda 19th Jun 17, 8:32 PM
    • 4,777 Posts
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    marliepanda
    • #2
    • 19th Jun 17, 8:32 PM
    • #2
    • 19th Jun 17, 8:32 PM
    Second line from the bottom is your answer.
    Survey Earnings 2017 - £163
    • Loopy1
    • By Loopy1 19th Jun 17, 8:36 PM
    • 223 Posts
    • 84 Thanks
    Loopy1
    • #3
    • 19th Jun 17, 8:36 PM
    • #3
    • 19th Jun 17, 8:36 PM
    And what if we cannot afford to move/dispose of?? why should we have to do this anyway when we have enough evidence of who the culprit is.
    • theartfullodger
    • By theartfullodger 19th Jun 17, 8:46 PM
    • 9,040 Posts
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    theartfullodger
    • #4
    • 19th Jun 17, 8:46 PM
    • #4
    • 19th Jun 17, 8:46 PM
    You inform the Police & council: Or were you not aware of this option?
    • Loopy1
    • By Loopy1 19th Jun 17, 8:52 PM
    • 223 Posts
    • 84 Thanks
    Loopy1
    • #5
    • 19th Jun 17, 8:52 PM
    • #5
    • 19th Jun 17, 8:52 PM
    Yes I have logged it with the council, but straight away it says they are not responsible for flytipping on private land. I am waiting for them to contact me back, just keen to see if anyone else had experienced this before and how they resolved it.
    • martinthebandit
    • By martinthebandit 19th Jun 17, 8:56 PM
    • 3,298 Posts
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    martinthebandit
    • #6
    • 19th Jun 17, 8:56 PM
    • #6
    • 19th Jun 17, 8:56 PM
    Pay for its removal, send bill to those responsible for fly tipping.

    If they don't pay then small claims court.
    Politics -
    from the words Poli, meaning many
    and tics meaning blood sucking parasites


    (thanks to Kinky Friedman (or Larry Hardman) for the quote}
    • Stu_N_
    • By Stu_N_ 19th Jun 17, 9:01 PM
    • 195 Posts
    • 112 Thanks
    Stu_N_
    • #7
    • 19th Jun 17, 9:01 PM
    • #7
    • 19th Jun 17, 9:01 PM
    Put as much of it as you can back through the hole, then fix the hole.
    • davidmcn
    • By davidmcn 19th Jun 17, 9:29 PM
    • 6,068 Posts
    • 5,819 Thanks
    davidmcn
    • #8
    • 19th Jun 17, 9:29 PM
    • #8
    • 19th Jun 17, 9:29 PM
    You inform the Police & council: Or were you not aware of this option?
    Originally posted by theartfullodger
    What can/should the police and/or council do about it?

    I think this is just a matter between the two landowners. Injunction to stop him doing it and/or claim for cost of clearing the land. Whether it's worthwhile pursuing is another matter.

    Securing the land so that he can't access it would be a more practical solution.
    • worried jim
    • By worried jim 19th Jun 17, 9:35 PM
    • 8,694 Posts
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    worried jim
    • #9
    • 19th Jun 17, 9:35 PM
    • #9
    • 19th Jun 17, 9:35 PM
    Stick it all back over his fence. Laugh your tits off as you do it.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • G_M
    • By G_M 19th Jun 17, 9:35 PM
    • 41,883 Posts
    • 48,465 Thanks
    G_M
    The council are right - private land so not their problem. Talk to a few farmers and they'll tell you what a pain flytipping is!

    Is the flytipping on your land? If so there's a trespass, aggravated by damage with a quantifiable cost. You send a polite letter requesting he remove the items in question.

    Follow up with a Letter Before Action, then sue.

    Of course, if this is all happening on your neighbour's bit of land, only he can take this action......
    • robber2
    • By robber2 19th Jun 17, 9:36 PM
    • 273 Posts
    • 217 Thanks
    robber2
    This may sound like a crazy idea but if the logs are serious enough to make decent firewood put an auction on ebay titled "free firewood , help yourself".

    I think you will be pleasantly suprised how much if it quickly disappears

    Rob
    • zagubov
    • By zagubov 19th Jun 17, 9:42 PM
    • 14,890 Posts
    • 127,184 Thanks
    zagubov
    This may sound like a crazy idea but if the logs are serious enough to make decent firewood put an auction on ebay titled "free firewood , help yourself".

    I think you will be pleasantly suprised how much if it quickly disappears

    Rob
    Originally posted by robber2
    Freecycle comes to mind.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
    • bowlhead99
    • By bowlhead99 20th Jun 17, 12:51 AM
    • 6,873 Posts
    • 12,378 Thanks
    bowlhead99
    This may sound like a crazy idea but if the logs are serious enough to make decent firewood put an auction on ebay titled "free firewood , help yourself".

    I think you will be pleasantly suprised how much if it quickly disappears
    Originally posted by robber2
    Could take a while to shift it that way.

    Better still, don't say it's free, say £5 a sack and leave an honesty box.

    The next morning someone will have nicked all the wood and the honesty box.

    Nothing to clean up
    • tealady
    • By tealady 20th Jun 17, 5:38 AM
    • 2,722 Posts
    • 3,208 Thanks
    tealady
    If rubbish is left on private land it is the landowners problem.
    If you witnessed your neighbour leaving waste and are willing to give a witness statement (maybe even attend court) then speak to your council again and ask if they would consider prosecution (which costs the ratepayers, comes out of the departments budget)
    So in answer to your question, no he may (possibly) not get away with it.
    Proud to be an MSE nerd
    Judge people by their achievements, not by their mistakes
    • Davesnave
    • By Davesnave 20th Jun 17, 6:50 AM
    • 23,526 Posts
    • 89,339 Thanks
    Davesnave
    He has cut a hole in the fence and has dumped literally tons of branches, whole tree logs, stumps. Tons.
    Originally posted by Loopy1
    If there's really tons of the stuff, firewood is fetching around £100/ton, so put an ad on Gumtree, Freecycle, or wherever, and someone with a chain saw and a wood burner will soon be along to shift the larger stuff.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • moneyistooshorttomention
    • By moneyistooshorttomention 20th Jun 17, 7:14 AM
    • 13,904 Posts
    • 37,825 Thanks
    moneyistooshorttomention
    If there's really tons of the stuff, firewood is fetching around £100/ton, so put an ad on Gumtree, Freecycle, or wherever, and someone with a chain saw and a wood burner will soon be along to shift the larger stuff.
    Originally posted by Davesnave
    ....and a variation on that tune - being you dispose of his wood, but tell him you're going to do so and give him "first refusal". Maybe he won't be so keen to dispose of some of his property on your land if he realises he could be making a profit from it.
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • AdrianC
    • By AdrianC 20th Jun 17, 8:15 AM
    • 15,430 Posts
    • 13,761 Thanks
    AdrianC
    I have a vehicle access track at the back of my house that gives me access to my garage. Each houseowner owns the patch of this track behind their house and has a council covenant to keep it clear. For the past few years it has been overgrown as nobody has wanted to use it (we are the only house that has a garage now).
    Originally posted by Loopy1
    So there is a covenant, but nobody has ever bothered about it before - the situation has been tacitly accepted.

    The issue is that a man from the neighbouring street has been dumping garden waste on this land. He has cut a whole in the fence and has dumped literally tons of branches, whole tree logs, stumps. Tons.
    I suspect there might be just a tad of exaggeration there.

    But all the smaller stuff can easily be burnt, just leaving the larger stuff. And, as has been said, that'll freecycle very easily as firewood.
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