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The Dogmother

Is this fly tipping?

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Just to set the scene... I live in a Victorian terraced house, backing onto my street is a road of 1950s semis, ex-council, and now mostly owned by a local housing association. The populations there changes quite frequently, so we don't really know any of these neighbours. There is a 12ft laurel hedge running across the back of my garden and also my neighbour's, so between us and the houses at the end of our gardens. I maintain this by getting it trimmed every couple of years, and my neighbour chips in to the cost.

 

I got home yesterday to find that the people backing on to me have lopped off most, if not all of their side of this hedge (must look horrific from their side) and lobbed all the waste into my, and my neighbour's gardens. Now, I have enough trouble keeping up with disposing of the waste produced in my own patch, so I am not happy that I am expected to deal with theirs as well. This morning, I hauled some of it onto my lawn, and will lop it up to take to the tip at the weekend, but I poked some of it back through the hedge into their garden.

 

Are they fly tipping by dumping their garden waste on my land? I am not going to contest it at this stage, as I hope that the stuff I returned will make a point, but I want to be prepared if they start an argument about it.

 

Any ideas?

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I honesty don't know if it would be classed as fly tipping but what it is classed as is incredibly rude! If they trimmed the hedge and some fell into your side of the garden then curtesy would dictate they knock, apologise and offer to clear it up! Or am I just getting old?

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No, that was my line of thinking as well. I have an enormous Buddleia on one side, and if any branches go into my neighbour's garden when I trim it, I pop round and fetch them out.

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Who does the hedge belong to? If it is your hedge then they are quite within their rights to trim overhanging branches and return this to you, most people would just dispose of it instead of returning it.

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technically they've done the right thing by 'putting' the trimmings on your land because it's your 'property' that has been cut back (I've assumed that the hedge is yours i.e on your side of the boundary) if you've 'put' the debris on their land you might be liable for fly tipping

most people either ask if they can cut the hedge and you get rid off the rubbish (they don't have to but it's a grey area as to whether or not they can cut the top back. a full on prune that they should really ask the land owner to do ) and/or they they just do it and take the rubbish to the tip or cut it up and put it into the green bin which if you load a green bin like I do it don't take long to get shot of the stuff

they shouldn't do more than is a reasonable trim basically. but as for it looking a mess their side and with it been Laurel it'll grow back as you can cut it right back to 6-12 inch above ground and it'll grow back if it was conifer and it was cut back past green new growth them that won't grow back

boundary hedges are the source of more bad blood between neighbours than almost anything else

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Funny you should ask that - I have no idea, and checked it on the deeds, which didn't give any help :roll:

 

sjp; it grows right along the old iron railings which weer the original divide between the gardens.

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If it is yours then they are within their rights to put the prunings back on to your side. Unfortunately if it is not your hedge they should not have done this. If you take responsibility for it then it may be classed as yours. Good luck!

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They have probably assumed it is yours, and so have technically done the right thing.

 

Personally, I would have asked you whether you wanted the prunings and, if you did, where you would like them!

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I guess that I am resigned that they thought they were doing the right thing, but I would have preferred it if they had asked. I would have lent them my shredder.

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Funny you should ask that - I have no idea, and checked it on the deeds, which didn't give any help :roll:

 

sjp; it grows right along the old iron railings which weer the original divide between the gardens.

your side or theirs is the key to this if it's yours then there in the right. a spoiler through is that you and your neighbour have been 'taking' care of the hedge so assumptions have been made on both sides of the hedge so to speak

as for there been no mention of the hedge on the deeds that's no surprise really as it could posted date the original deeds and as there wouldn't be a preservation order on a laurel hedge there'd be no need to add it to any new incarnations of the deeds

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Sorry SJP, I wasn't clear.. the hedge won't have been there in 1897 :lol: There is mention of each side boundary in the deeds, but not the end on. It sits right on the railings that are there.

 

I'm not going to dispute who's fence it is, and I am happy to maintain it, just annoyed at their cheek at dumping it without asking first.

Edited by Guest

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Sorry SJP, I wasn't clear.. the hedge won't have been there in 1897 :lol: There is mention of each side boundary in the deeds, but not the end on. It sits right on the railings that are there.

 

I'm not going to dispute who's fence it is, and I am happy to maintain it, just annexed at their cheek at dumping it without asking first.

strictly specking they didn't have to ask this sort of thing come under the same regs as over hanging fruit in that it should be returned to the owner of the tree

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IMHO, if they believe the hedge is yours and have trimmed and thrown the cuttings back, then they are fly tipping. If the hedge is yours and trimmed by someone else, they have to ask you if you would like the cuttings (your property) back. You can refuse, then they are liable for correct disposal, as they produced the cuttings.

 

Ask on gardenlaw forum if you want to take it further, lots of experts on there, of which I am not :)

 

Good luck.

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If the neighbours house is housing association then you could call the council and speak to one of their people about it, initially to clarify but, should it be that they have 'fly tipped' to complain and ask council to remove?

 

Good luck........Keep us posted!

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If the neighbours house is housing association then you could call the council and speak to one of their people about it, initially to clarify but, should it be that they have 'fly tipped' to complain and ask council to remove?

 

Good luck........Keep us posted!

councils can't remove rubbish from private land. my local council can take 4 weeks to move it from the roads there's 3 or 4 hot spots on this estate alone and they have to move about 10 ton a month of at least one of them

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