Can I dump debris from my neighbour's tree in his garden?

Nedpoleon

This afternoon a big tree blew over in my neighbour's garden and fell mostly into my garden. Once the tree surgeons have sawn up the tree, can I just get them to throw the branches back into my neighbour's garden? Would that count as fly-tipping waste? But it's his tree? Can it be fly-tipping if you're just returning something that was already there?

elsien

You can offer it back and he can refuse.
I do know someone who used to regularly prune overgrown trees and chuck the trimmings back over the fence. It fairly rapidly turned into a paradise for rats' nests which environmental health had to deal with in the end.

Davesnave

You are supposed to offer the trimmings, branches etc to the owner, but technically speaking, he/she doesn't have to take them. The tree surgeons will probably know this too.


Normally, a tree surgeon would have a way to dispose of waste and include that in their bill, but if there are large chunks involved, you could sell those cheaply via Gumtree to someone with a wood burner.

shaun_from_Africa

As the tree came from your neighbours property then although it's now in your garden, it still legally belongs to them.
Whilst it's certainly correct that you have to offer any cutting from overhangs to your neighbour and they can refuse these if they wish, I doubt that this would be looked at in the same way because with the cutting of overhangs, you have a made a conscious decision to cut these knowing that they would end up in your garden whereas the tree has ended up in your property with no input from you.
IMO, it's no different to a patio table getting caught in the wind and blown into your garden. Most people would return this so why not the tree?

If it was me, I would first take a few pictures of his garden showing all of the dumped rubbish so that you couldn't be accused of ruining his garden then simply return his property back to his land.

Nedpoleon

shaun_from_Africa wrote: »

IMO, it's no different to a patio table getting caught in the wind and blown into your garden. Most people would return this so why not the tree?

I basically agree with this, but one difference is... what if you cut the table up with a chainsaw before chucking it back into the other person's garden?

shaun_from_Africa

Nedpoleon wrote: »

I basically agree with this, but one difference is... what if you cut the table up with a chainsaw before chucking it back into the other person's garden?

Cutting up a table would be unreasonable and class as criminal damage whereas cutting up a tree would be a necessity in order to move it.

Is there anyone living in the house next door?
If so, speak to them and give them a letter to pass on to the owner saying that you want them to arrange for their tree to be removed and if they don't, you will do this and put the sections back in their garden.

LadyDee

Are you claiming against the owner of next door for the cost of the tree surgeon and disposal of the tree?

Fire_Fox

Nedpoleon wrote: »

This afternoon a big tree blew over in my neighbour's garden and fell mostly into my garden. (I was out there reading a book and I had to run out of the way, as did my dog!) The owner of the house is a landlord who doesn't live there but uses the garden as a rubbish dump – it's full of old suitcases and mattresses. I've never had any contact with him and I can't imagine I'm going to persuade him to pay for clearing the tree out of my garden. And I know half the cost of that is hauling the branches away.

Don't imagine or assume. Communicate with the landlord, ideally in writing (letter or e-mail). If they choose not to engage with you/ ignore your messages you have still covered yourself.

If you have no joy with the landlord, report hazards to Environmental Health at the local council. A tree almost falling on you and a rats' paradise are potentially serious matters.

Davesnave

LadyDee wrote: »

Are you claiming against the owner of next door for the cost of the tree surgeon and disposal of the tree?

It was an Act of God.


Unless the OP can prove that the tree was unsafe and the owner knew this, yet did nothing, they'd have no claim.