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Neighbour has a forest

13

Comments

  • daytona0
    daytona0 Posts: 2,358 Forumite
    assuming that it is a privately owned property, here are some questions/thoughts to explore:

    1. Is the property vacant or occupied?

    2. Is the occupier(s) in the eyes of the law able to make their own decisions about things (I don't know what the term is)?

    3. Are you able to discuss the issue with any environmental agencies?

    4. Have you spoken to the person's family/friends?

    5. Have you considered the rights of the occupier in having their garden in such a way?


    I think question 5 is an interesting one because ultimately you cannot impose your will onto someone who is of able mind and whom is not breaking any sort of law.... wouldn't you agree? Not defending it, but there are rights for all parties
  • photome
    photome Posts: 16,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    daytona0 wrote: »
    assuming that it is a privately owned property, here are some questions/thoughts to explore:

    1. Is the property vacant or occupied?

    2. Is the occupier(s) in the eyes of the law able to make their own decisions about things (I don't know what the term is)?

    3. Are you able to discuss the issue with any environmental agencies?

    4. Have you spoken to the person's family/friends?

    5. Have you considered the rights of the occupier in having their garden in such a way?


    I think question 5 is an interesting one because ultimately you cannot impose your will onto someone who is of able mind and whom is not breaking any sort of law.... wouldn't you agree? Not defending it, but there are rights for all parties


    Thats a good point

    Is there any laws about not having an overgrown garden.

    If it is full of rubbish thats different
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Darkhawk wrote: »

    That's what I use. The rats ignore them now. I will try the sticky traps.

    Rats are neophobic - they don't like new things that appear on their 'patch', and tend to avoid them until they are habitualised to them.
    "You were only supposed to blow the bl**dy doors off!!"
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's not illegal, it's a civil matter between you and your neighbour so the council are talking rubbish. Take before and after photos and get it done, the neighbour is not going to try to sue you for tidying up his garden.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    bris wrote: »
    It's not illegal, it's a civil matter between you and your neighbour so the council are talking rubbish. Take before and after photos and get it done, the neighbour is not going to try to sue you for tidying up his garden.

    To what extent do you have the legal right to enter someone's garden without their permission and start cutting their grass?

    Would you be happy if I came around to your house and started doing some gardening on your behalf? Perhaps you have like a pear tree which simply must come down (for example)?

    You say that "the neighbour is not going to try to sue you" - is that a legal fact? If so, could you elaborate on this point for the benefit of the OP? If it is not a legal fact that to what extent do you believe that your phrase may relate to the fact that the occupant is not in a capacity to sue someone? Would this possibly considered taking advantage of someone by not respecting their legal rights?
  • Contact your MPs local office and ask for help. It's surprising what a few phone calls from the MPs office can achieve. You may find that the council take more notice after that, or they may come up with other solutions.
  • greenval
    greenval Posts: 596 Forumite
    Have you contacted your local Councillor, their details will be on the Council website. Part of a councillors job is to assist residents in their Ward in such situations.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    daytona0 wrote: »
    To what extent do you have the legal right to enter someone's garden without their permission and start cutting their grass?

    Would you be happy if I came around to your house and started doing some gardening on your behalf? Perhaps you have like a pear tree which simply must come down (for example)?

    You say that "the neighbour is not going to try to sue you" - is that a legal fact? If so, could you elaborate on this point for the benefit of the OP? If it is not a legal fact that to what extent do you believe that your phrase may relate to the fact that the occupant is not in a capacity to sue someone? Would this possibly considered taking advantage of someone by not respecting their legal rights?
    It's called trespass which is a civil matter, nothing to do with the police, the property is abandoned or as good as. The old gentleman is probably mortified that this has happened and there is nothing he can do about it, I call it neighbourly, helping a neighbour in need. Now what exactly would he want to sue you for, tidying up his garden and clearing a rat infestation, what compensation do you think he would get for that?


    If this was infecting me with rats I would do it, but then again I like to get things done rather than bleat on about them on forums where no one can help any way.
    Good luck dealing with the rats for another 4 years though.


    Ps you are welcome to come into my garden and cut my grass anytime, no pear trees sorry, but I do have an old tree stump I have been meaning to get round too, thanks for the kind offer..
  • thespiderspeed
    thespiderspeed Posts: 100 Forumite
    Part of the Furniture 10 Posts Name Dropper
    edited 3 February 2015 at 2:01PM
    In the case of a risk to public health due to vermin, the council do have powers to force the owner to address the problem, either by clearing the garden and pest problem themselves and invoicing for services or enforcing through legislation.

    http://www.gateshead.gov.uk/Housing/helpsupportadvice/HealthNuisance/OvergrownGarden.aspx


    I appreciate the link is for Gateshead, but I also found similar pages linked to other councils, so Croydon should have the same powers.
    Darkhawk wrote: »
    The house is basically abandoned as it is owned by a pensioner who is now in care.(
    Darkhawk wrote: »
    Also, both her and her child are in care. No other families (As told by person who inspected her property and spoke to her). They have no money to fix it themselves and obviously cannot do it because of their health issues.(

    But as the owner is now in care, the council obviously can't enforce them to clear the garden and the council are reluctant to take responsibility. Either the OP hasn't been in touch with the correct department or they are dragging their heels. If it was myself with the problem I would be getting in touch with my local MP.
  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 3 February 2015 at 2:07PM
    Rats can get though a 1cm hole, any bigger they need to be blocked.

    The OP needs to find out where they are getting in, until you have blocked all the holes only use traps, but they won't go until you use poison.
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
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