Problem neighbour over my trees

grifferz

Ivana_Tinkle wrote: »

you're not going to change his personality with a conversation or a note through his door.

I agree it sounds like he has a well-entrenched personality that you are unlikely to change, but by just leaving it alone I think he will definitely regard it as a victory and just encourage him to do it more in future. I would regard it as damage limitation more than trying to change someone fundamentally.

Also you don't have anything to lose by trying this tack. The worst that can happen from it is that he won't accept it and just wants to argue more, in which case you can politely withdraw and go with the original idea of ignoring him.

paddedjohn

Looking from the other side of the fence here but any seeds that fall from your tree are your responsibility and he is within his rights to return them to you. Sycamore will grow anywhere and by the sound of it your garden has been left for years and seed may be trying to take in his garden for a while now so he may be nearing the end of his tether, put yourself in his shoes, would you want to enjoy your garden peacefully? I would just wait until the trees have gone and pop round to see him, pointless making enemies just for the sake of it.

adouglasmhor

paddedjohn wrote: »

Looking from the other side of the fence here but any seeds that fall from your tree are your responsibility(nonsense) and he is within his rights to return them to you. Sycamore will grow anywhere and by the sound of it your garden has been left for years and seed may be trying to take in his garden for a while now so he may be nearing the end of his tether, put yourself in his shoes, would you want to enjoy your garden peacefully? I would just wait until the trees have gone and pop round to see him, pointless making enemies just for the sake of it.

Normal weeding will get rid of seedlings, and anything that happened before the OP moved in is nothing to do with the OP. I would say the seeds like leaves are rubbish and go in a bin not an envelope to return to the trees owner. He has no right to put rubbish through someones door.

Falling leaves and berries

Leaves, flowers, fruit, pollen are seasonal and fall from trees.

Many people regard this as a nuisance but whilst this may be troublesome at times it is not legally a nuisance. Nuisance has specific meaning in law.

Liability for leaves, fruit and pollen falling into a neighbouring property does not lie with the owner of the tree to clear them as leaf fall is a natural occurring phenomenon. Liability lies with the owner of the property affected to clear the leaves.

You might have a case if you can prove that it caused loss or damage but you would also have to prove that the damage could have been reasonably prevented. For example you might argue that you suffered damage as a result of leaves blocking a drain and that it could have been prevented by the owner cutting down or pruning the tree. On the other hand, is it reasonable to cut down a tree just because leaves fall off it for a short time each year, or is it more reasonable for you to clear the drain more often?
http://www.cestria.org/YourHome/CommunityCaretakerService/TreesandtheLaw/tabid/415/Default.aspx

paddedjohn

adouglasmhor wrote: »

Normal weeding will get rid of seedlings, and anything that happened before the OP moved in is nothing to do with the OP. I would say the seeds like leaves are rubbish and go in a bin not an envelope to return to the trees owner. He has no right to put rubbish through someones door.

He put a note through the door, the seeds were left on the door step.

adouglasmhor

paddedjohn wrote: »

He put a note through the door, the seeds were left on the door step.

So leaving rubbish on someoens doorstep is Ok then is it?
Any fruit (which is what sycamore pods are) is the responsibilty of whoevers land it falls on, the neighbour is an ignorant bully who has not bothered to find out the relevant laws.

adouglasmhor

Also the OP's post doesn't mention them being on the doorstep?

This morning I left the house to find a bag of seeds and a note through my letterbox, not signed, but I assume from the same neighbour saying he wished me to get rid of the trees. The trees do overhang a couple of gardens but, ironically, not his. I'm finding it a bit disturbing.

paddedjohn

Fair play I miss read that but as far as I'm aware any fruit or branches that fall from a neighbours tree belong to to them and have to be returned.

gravitytolls

paddedjohn wrote: »

Looking from the other side of the fence here but any seeds that fall from your tree are your responsibility and he is within his rights to return them to you. Sycamore will grow anywhere and by the sound of it your garden has been left for years and seed may be trying to take in his garden for a while now so he may be nearing the end of his tether, put yourself in his shoes, would you want to enjoy your garden peacefully? I would just wait until the trees have gone and pop round to see him, pointless making enemies just for the sake of it.

Nope. If your plants overhang the neighbour has a right to prune them, but must return the cuttings to you as they are your property. Tree parts blown onto his garden by the elements are not your property and remain the responsibility of the property occupier to deal with as they see fit. Would you suggest folk return leaves and seeds from council owned trees to the offices of the council? I suspect you would be facing a charge of fly tipping.

The bloke's a nob, have other neighbours had problems with him?

adouglasmhor

paddedjohn wrote: »

Fair play I miss read that but as far as I'm aware any fruit or branches that fall from a neighbours tree belong to to them and have to be returned.

If you read the bit I quoted it says otherwise. Personaly I would send the neigbour a recorded letter informing him he was not to enter my property again or get my lawyer to do it.

Mojisola

paddedjohn wrote: »

Fair play I miss read that but as far as I'm aware any fruit or branches that fall from a neighbours tree belong to to them and have to be returned.

gravitytolls wrote: »

If your plants overhang the neighbour has a right to prune them, but must return the cuttings to you as they are your property.

You can prune anything that overhangs the boundary and you are supposed to offer the prunings back to the neighbours but, if they don't want them, you have to dispose of them.