Wet leaves from neighbours tree on path - who clears?

usignuolo

I live in an urban area with small front gardens. My neighbour has a deciduous tree right on the boundary between our two front gardens. I keep my side pruned but he refuses to prune his side even though I have offered to share the cost with a tree pruner of his choice.

As a result his side is very overgrown and sheds a lot of leaves at this time of year. I was recently away for three days and came home to find my front path and the footpath outside covered in slippery wet leaves. This can easily be slipped upon and indeed a few years ago there was a small spate of postmen suing landowners for slipping on their paths in cold wet weather.

I have cleared my path and the street path outside my house but am not always here to do so as the leaves fall and the council leaf clearing is not until the end of the month, and then only from the kerbs. My elderly neighbour on the other side has the same problem and cannot get out to clear them so when I am around I sweep his side too.

But I am not always around and am concerned that someone will fall on the leaves outside my house which were really quite hazardous this morning. I saw a couple of mothers with young children and an elderly person treading gingerly over them until I got out to sweep the path. Who is liable for clearing leaves away from the public footpath and what happens if anyone falls outside my house?

C_Mababejive

I dont believe anyone is strictly liable for removing leaves from pavements though others may know different.

As it only happens once a year, i'm not convinced its worthy of initiating a neighbour dispute which may escalate.

tonyh66

this is an interesting question, and I have no idea who is legally responsible for leaves shedding onto someone elses path. As for the public footpath, I would think the council is responsible. but I stand to be corrected by the legal eagles on here.

This might be better asked where they hang out, further up the forum page

balmk

Hello

Have a look at www.gardenlaw.co.uk - hopefully someone there should be able to give you the benefit of their experience with this.

Yorkie1

Definitely agree with garden law, but my thoughts are that you are not responsible for the leaves on the public footpath, but that if someone slips on your own property then you could be liable to them for any injury or damage.

sniggings

I doubt any postie would win over a claim for a slip on wet leafs!

sorry but for a few leaves I would sweep them away myself if they were such a problem.

If he has already said no to pruning you are really heading for unpleasantness if you go knocking on his door over a few leafs.

Southend1

Surely common sense should prevail here? If leaves fall on your path it's up to you to sweep them or not. Postie should look where he's walking and take care. Neighbour chooses whether or not to prune his tree except where it grows over your property.

Lee_T.

One of my biggest bug bears are fallen leaves. I can cut my lawn one day and the next day next doors bloody tree leaves are all over it. I may seem trivial to some but it causes alot of work sweeping and raking them up. As for leaves on the pavement, well don't get me started on that one. All I'm saying is that the tree owners should be made to pay for sweeping the paths and unblocking the drains.

Southend1

Lee_T. wrote: »

One of my biggest bug bears are fallen leaves. I can cut my lawn one day and the next day next doors bloody tree leaves are all over it. I may seem trivial to some but it causes alot of work sweeping and raking them up. As for leaves on the pavement, well don't get me started on that one. All I'm saying is that the tree owners should be made to pay for sweeping the paths and unblocking the drains.

I think it would be really depressing to live in a neighbourhood devoid of trees because people feel that fallen leaves are too messy and they don't have time to sweep them. I'm glad my neighbours have trees and the beautiful cherry tree on the pavement outside my front makes me smile every time I see the lovely blossoms or the red autumn leaves. Ok so I have to sweep leaves a couple of times a year but it is a small price to pay.

Edwardia

Seriously, you're expecting your neighbour to come round and sweep your front path of leaves from a mature deciduous tree not planted by him ?

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

fluffpot

People on the street can always make a decision to walk in the road or cross over to avoid the leaves..Keep up the good work for your elderly neighbour though and polish your halo

As others have said, no point getting into a dispute about this - it's only for a short time each year anyway