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Loopy1
Posts: 223 Forumite
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.
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.
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Comments
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Second line from the bottom is your answer.0
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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.0
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You inform the Police & council: Or were you not aware of this option?0
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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.0
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Pay for its removal, send bill to those responsible for fly tipping.
If they don't pay then small claims court.0 -
Put as much of it as you can back through the hole, then fix the hole.0
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theartfullodger wrote: »You inform the Police & council: Or were you not aware of this option?
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.0 -
Stick it all back over his fence. Laugh your tits off as you do it.0
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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......0 -
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
Rob0
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