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Neighbour cutting my tree then throwing cuttings on my garden

(66 Posts)
twinsufficient Tue 24-Jul-12 22:38:09

Caught my neighbour cutting our tree (only the parts that were overhanging her garden) but then she threw all the cuttings onto our garden. To me if I was in her position I would've cut what I needed but have got rid of the mess myself. I know it's our tree so I suppose it's our property but she could've asked if that was ok to dump the cuttings or just use her own garden waste bags.AIBU?

msrantsalot Tue 24-Jul-12 22:39:50

YABU why should she clear up when she has to cut it? You should have cut it before it got to this stage.

JumpingThroughHoops Tue 24-Jul-12 22:40:06

YABU - the law says cuttings must be returned to the owner of the tree

squeakytoy Tue 24-Jul-12 22:40:50

technically she is following the law.. but it does sound rather petty and unneighbourly

but you should be aware that your tree is overhanging her garden, and trim it back if she wanted that doing ..

maddening Tue 24-Jul-12 22:40:51

she is lawfully correct

WelshMaenad Tue 24-Jul-12 22:41:21

Yup, she has to do this to be allowed to trim the bits that overhang.

numbum Tue 24-Jul-12 22:41:58

Legally she's right. MN'ally she's being passive aggressive and telling you to cut your own fucking tree so it isn't shading her garden in this lovely sun!

FriedSprout Tue 24-Jul-12 22:42:36

Think she is allowed to cut any part of your tree that is overhanging her garden, AS LONG as she returns the bits to you. So she may well just trying to keep to the rule of the law to avoid upsetting you. In real life though, I would have asked my neighbour if it was ok to cut and if they said yes disposed of it myself.

OlympicRelay Tue 24-Jul-12 22:42:43

Your neighbours have to return cuttings by law. It goes back to fruit from trees and bushes being theved yonks ago.

VivaLeBeaver Tue 24-Jul-12 22:42:46

YABU. Its not her fault your tree is overhanging her garden. Why should she have the hassle of taking the cuttings to the tip or taking up all the room in her garden waste bin?

hatesponge Tue 24-Jul-12 22:43:40

She's doing what she's legally obliged to do. Those parts of the tree are your property - if she didnt return them & just chucked them away then legally she would be in the wrong!

In future you might want to offer to trim it back for her then you can clear it up as you go.

OddBoots Tue 24-Jul-12 22:45:37

We have a neighbour tree that overhangs, we cut it and give the cuttings back but we would bag them up first not just drop them over.

RaisinDEtre Tue 24-Jul-12 22:45:49

yup what they all said

tis the law

sorry

RaisinDEtre Tue 24-Jul-12 22:46:35

oooh is this thread a Lesser-Spotted Unanimous YABU?

COOOOOL

confusedpixie Tue 24-Jul-12 22:50:29

YANBU (to spite Raisin wink)

Actually I think she should have mentioned it to you before just throwing them there as even though she was following the law it's a tad rude to give no warning, and she should have told you just to let you know it was bothering her so that you then had the opportunity to say you'd do it for her to save her the hassle.

RaisinDEtre Tue 24-Jul-12 23:05:43

hahah Pix

ekidna Tue 24-Jul-12 23:09:14

Yeah tis law

twinsufficient Tue 24-Jul-12 23:27:19

Didn't realise it was actually the law so that does change things. I think I just wanted a bit of neighbourly courtesy and it would've been fine. Her house backs onto ours so it's difficult to see when it needs cutting but I think we'll probably be cutting it down so it's more manageable in the future. It just seems to be one of those jobs you never get round to doing.

ravenAK Tue 24-Jul-12 23:34:10

We have a running joke with next door neighbour that he has to throw back windfalls from our apple tree, which overhangs his garden - in reality, we've agreed that the branches which overhang are 'his', so he can pick fruit, prune...whatever.

But legally, yep, the cuttings should be returned. Agree it would be more neighbourly to ask you first if you actually want them returned, & to bag them up.

Debeez Tue 24-Jul-12 23:39:18

YABU.

We woke this morning to find our scrubby bush that we share with next door had been neatly trimmed on our side as well as theirs. They left the cuttings too. I'll be tidying my side and theirs as a thank you. They may have meant it as a nice gesture.

twofingerstoGideon Tue 24-Jul-12 23:45:07

If they just chuck them over carelessly and damage anything in your garden, you can then do them for criminal damage.

It all makes for good neighbourly relations, doesn't it?

These threads always make me laugh...

bugsylugs Wed 25-Jul-12 00:03:46

We have similar have never seen people at end of our garden since we moved in over a yr ago except for their dog's noses. I keep thinking should I go round and talk would take a bit, cut the branches off and'post back ' they have not attempted to get in touch either or trim tree .

bogeyface Wed 25-Jul-12 00:27:05

While yes, she is following the law, it would only take a minute to pop round and say "I am trimming the tree, are you ok with me binning the cuttings?"

Which makes me think that either she cant be arsed to chuck them away herself or it is indeed a PA attempt to show that your tree is over grown.

So actually, YANBU as far as I am concerned as a word in your ear would solve it either way!

Collaborate Wed 25-Jul-12 00:30:20

"it's a tad rude to give no warning, and she should have told you just to let you know it was bothering her so that you then had the opportunity to say you'd do it for her to save her the hassle."

Really? And what permission or notice do garden owners ask of their neighbours before they allow a tree to grow over their garden (speaking as the owner of a 60 foot eucalyptus that now grows more over the garden at the back than ours - sorry neighbour)?

70isaLimitNotaTarget Wed 25-Jul-12 00:52:39

Disclaimer: Not a Lawyer

IIRC they can cut any overhanging on their property but they have to offer you the branches back.
Not the same as lobbing them over your fence.

Your cat's turds OTOH- compulsary to lob them over the fence.Who in their right mind would say "Oh yes thanks, I'll have them back" grin

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