Neighbour Dumping Garden Rubbish In Our Garden

[Vivkins3]

There is a euonymous growing exactly on the border between us and our neighbour. He has taken down the fence and wants to put up a new one. He has been cutting down this euonymous and dumping it in our garden. Is he allowed to do this? Even if this WAS our plant, I understand he has to "offer" the cuttings (or fruit when applicable) back but as far as I know he is not entitled to just toss it all over our side for us to dispose of is he? Unless somebody here knows better ...

[ToraToraTora]

so has there ever been a fence? what side was the plant on?

[cassa333]

Clippings from your plants should be offered back. If you refuse them then he has to dispose of them himself. Whether your plants or not if he just chuckes them back it is classed as flytipping. However it would probably be viewed as a civil matter and the police are unlikely to get involved.

I would be inclined to be more conserned with where he intends to put the fence. Make sure you have a definate boundry line. Put a marker down along the line so that you know if he trys to put it onto your property.

[themas]

You say "it was part of a broken down old fence" Literally speaking, a plant can't be part of a fence. I assume you mean the fence was incomplete & borken so gave the impression that the plant was on the boundary. I think this is unlikely, although not impossible if it was planted there when there was no fence (or a gap in the fence).

If he is cutting it back on his side it seems he is intending to put up his new fence on his side of the plant so he presumably thinks the plant is in your garden. If you make a fuss about the cuttings it could lead him to become obstreperous about the location of the new fence, & that could make more of a problem for you.

The item you quote says the cuttings should either be returned or offered. Could he not argue he has satisfied the first of these - i.e. he has returned them? I agree he has not done so in a neighbourly fashion but if he does believe the plant is yours he could probably argue that he has satisfied any legal requirement.

Your options are:

1. Dispose of the cuttings & move on;
2. Throw them back into his garden & see what happens (given your description of the quantity, this would be quite a lot of work for you;
3. Spend money getting a solicitor's advice, which I suspect would be inconclusive unless there is some way of being absolutely clear about the correct location of the boundary & hence ownership of the plant.

I know which I would choose!

[joko]

if its your plant then theyre your cuttings.

you have posted the relevant wording of the law but overlooked the first bit and focused on the bit that backs you up - it states quite clearly that they must GIVE YOU BACK the pieces ... and that is what they have done... by putting the pieces on your land they are giving them to you

focusing only on the bit that says 'or offer them to you' does not alter the first bit of that paragraph...

and besides, what exactly are you expecting as an 'offer'?

the addition of the 'offer' bit is simply a get out clause to cover any accusations of stealing cuttings etc - its not a legal demand for them to be polite...

[Hopkirk]

Have you asked him why he is putting it in your garden?

[Vivkins3]

Obviously I didn't make it clear that this has happened before on a smaller scale and hubby HAS actually got rid of it. This time however, he is really taking the proverbial and hubby has rebelled against bagging up such a vast quantity for him. It is a huge pile. Hubby has now thrown it back over. Watch this space.

[Vivkins3]

Hopkirk - I don't need to ask him. It's because he is a lazy toad and it is the easy option for him. The neighbour that is.

[Vivkins3]

Sorry mis-spelling - where I typed "toad", that "oa" should of course have been a "ur".

[whiskeryron]

The answer is quite simple really. You say they are cuttings the neighbour is leaving so pot them up & offer the neighbour some of them & increase the shrubs in your own garden.

WR.

[237SJ]

If they throw the cuttings back, just have a massive bonfire with them when the neighbours are out enjoying their garden on a sunny day (preferably with a nice load of washing on the line)