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my neighbour cut the ivy growing on his side of his fence and threw it over into my garden. I think it is his ivy, not mine. Can he do this?




Answers

 

He should not do that as it is bad manners and neighbourliness as well. Take the moral high ground and dispose of the Ivy yourself.

I do tend to through next doors cat poo back over their fence however...very petty I know...at least I know it came from them.

27 Mar, 2011

 

Sorry, I can't quote the exact case but, in the 19th century I think, a judge ruled that a neighbour could cut off overhanging branches up to the boundary line but they remained the property of the person whose tree/ shrub it was.

Therefore, any cut off foliage was to be returned to the owner. In essence, your neighbour did the right thing but, if he just hurled it anywhere into your garden rather than dropping it neatly over the fence, he didn't do it in a very neighbourly way.

The original case involved a man whose horse got poisoned by eating over-hanging yew branches.

(Added.) Some councils suggest you offer the neighbour the clippings rather than just disposing of them over the fence but, legally, putting them over the fence is OK.

27 Mar, 2011

 

Another possible grey area here is depending on the plant, it may also have rooted on both sides of the fence with many growing stems each with own root system so blurring who's plant it actually is.

27 Mar, 2011

 

Found it.

In 1894, the House of Lords ruled that you can remove overhanging branches as long as you do not trespass on the neighbour's land. It also ruled that you do not need to consult the neighbour before acting. The case was Lemmon v Webb. (Note, this isn't, as I thought, about yew.)

It was Mills v Brooker in 1919 that established the ownership of the clippings after the neighbour picked and sold apples from overhanging branches.

http://www.aie.org.uk/law/lemmon.htm

http://www.aie.org.uk/law/mills.htm

27 Mar, 2011

 

On the who grew it first front. When I gardened for my sister-in law. Never planted any ivy. Her neighbour had her husband's sheds thinned out after he died. The men who cleared the sheds away threw large chunks of Ivy wood all over some beautiful peonies in bloom at the bottom of her garden. I took these huge chunks of wood and threw them down near where the neighbour was chatting and walked off!! She later apologised for their thoughtlessness.

27 Mar, 2011

 

It really doesn't matter what the law says. It was simply unpleasant, unfriendly and unneighbourly. It may be that the best thing to do is ignore it and ignore him too, if you can bring yourself to do that.

27 Mar, 2011

 

Many thanks for all your answers and suggestions. The roots of the ivy are definately on my neighbours side of his fence and he has completely cleared the back of his shed including chicken wire and thrown it all over onto my tidy garden. I'm quite stunned at how rude that is. I am very tempted to return his rubbish but not sure if i'm within my rights to do so? Rotten neighbours...don't you just love 'em! :-)

27 Mar, 2011

 

Sounds more like fly tipping then.... You may want to remind him its an illegal act which can incur hefty fines. The ignorant sod.

Complaints concerning any flytipping should be reported to the local Environment Agency office.

You should almost certainly try the polite approach first. i wouldn't dump it back into his garden.

Depending on how your conversation goes, a strongly worded letter with mention of contact with the local authority and a request for him to come and remove his waste from your garden, may ward him of being so rude again.

27 Mar, 2011

 

i agree with funguy . thing is if you just let them do it then they can do it again .

27 Mar, 2011

 

Give them a inch, they take a mile.

27 Mar, 2011

 

perhaps a suggestion that he seems to have inadvertently managed to allow some of his clippings, etc., to fall into your garden, and would he like to come and collect them, as his property and responsibility, back again, or would he prefer you to just pass them back over his fence, might be the most tactful approach.

27 Mar, 2011

 

Thanks again for your suggestions. I will indeed deal with it in the most reasonable way I can. I don't know; some people are just so rotten and seem to enjoy making other peoples lives miserable :-) Ho hum!

27 Mar, 2011

 

I'm very sorry. I've just realised I completely misread your opening post and thought it was your ivy growing into his garden.

Normally, I'd just have to fess up to being dumb but today I can blame the hour's sleep someone stole from me.

27 Mar, 2011

 

Well thanks anyway Thepoisonga. It was really good of you to look-up those cases for me, I really do appreciate it, Thanks!

27 Mar, 2011

 

Sounds you have a neighbour like I had a few years ago,whatever you dont (like I did) lose your cool or temper in any confrontation ,be polite and ask your neighbour to take it back.If this doesnt work and or it escalates write the neighbours response down and keep a written record of it ,obtain a witness, it could be a good neighbour to verify whats going on.If anti social actions carry on take your evidence to local council who should assist you.

27 Mar, 2011

 

i like bamboos aproach myself very good . calm and assertive is the way . on the flip side there is nothing like having a bad neighber .

28 Mar, 2011

How do I say thanks?

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