Would council take action in neighbour spraying weedkiller on my land?

[dick27]

Just that really. V V V V longstanding issues with neighbour. I don't want to contact the council's env health if there is a chance they will say no statutory duty to do anything and fob me off.

Sounds like a private matter to me.

I think you would be better trying the antisocial behaviour team instead.

This one I would absolutely push for action over with both EH and your local police community safety officer. I’m all for ignoring petty neighbour nonsense aimed at riling you up wherever possible, but many weed killers, especially Glyphosate, are known carcinogens as well as harmful to animals and to children if ingested, so I would go nuts on this one.

Go and talk to your neighbour (nicely though, yeah?).

Explain why you don't want it and ask them to try their hardest not to get your part of the property covered in weedkiller.

are you council tenants?

It may well be deliberate. Only the OP will know what the true situation is.

I'm aware of one situation where a couple had moved out of their home for a few weeks. While they were away, their neighbour deliberately chopped down plants on their side of the fence and sprayed weedkiller.

It was clearly done deliberately in that case and it may well be the same in this situation.

Considering the OP has said there’s a very longstanding background of neighbour issues, I’m going to assume this isn’t a clumsy neighbour accidentally spraying a bit of weed killer over the fence when they’re gardening, nor one who will respond to being nicely asked to stop.

No, both owner/occupiers

The amount of stuff I've ignored is off the charts, but yes, I am very peed off about this. It's trespassing (for the gazillionth time) and spraying god knows what ON MY LAND. And I have animals, and visiting kids. I just don't want to feed into the tit for tat narrative that all the authorities are painting it as.

Then its police but you will need proof

Sorry, should have said earlier. I have CCTV, more than one incident too

If there is any way of rectifying issues with neighbours its worth trying. You still have to live by them after.
I would go round and have a calm genuine conversation, explain why you don't want weed killer on your garden, ask if they sprayed it because of issues (eg weeds growing over the boundary) and if so assure them you'll keep on top of it going forwards, even if that's not the real reason it may make them feel they've "won" and stop the games. Then if there's been other issues making you think this is personal say you're worried you've upset them and if there's any issue would they like to bring it up so you can try to sort it as you'd like to get on.
Neighbours is the one situation I would always put pride aside for and try anything to fix things amicably, it's not worth the stress of conflict when you have to live by them.

Is the neighbour coming on your land. Is your garden encroaching on his.are your animals a nuisance. There's usually more to it than a random neighbour coming into your garden with weedkiller and spraying your prized plants. Then it would be criminal damage.

well criminal damage it is then - I'm ignoring your victim blaming & goading

What issues? this could end up tit for tat.

Are you sure it was on purpose? Why would they target your land?
What have they sprayed it on? Is your garden overgrown and a nuisance?
Was it accidentally done on a windy day- this happened to me when I was spraying my own land. It damaged some leaves, no roots were harmed. Once the leaves fall off the plant itself is fine.

I work for an LA and contacted them myself to explain what I’d done and they confirmed no action would take place as it was entirely accidental.

Just an edit to say criminal damage - unlikely.

Once you involve outside agencies don’t you have to declare it as a neighbour dispute if/ when you sell?

Yes you do.

'V V V V longstanding issues with neighbour' - many many agencies have been involved thus far. I honestly just wanted a v specific - is deliberate (ie walking onto my land) and spraying my land with weedkiller a statutory thing env health have to deal with. It needs to stop.

when a local neighbour couple decided to bully me there was nothing more to it than they wanted a victim.

Do you have footage? Was it on purpose and intentional.
It’s basically classed as vandalism.
How bad is the neighbour will they take heed of a written or verbal warning?

Yes I have footage (more than one occasion too). Yes on purpose. The neighbour has been warned by police for other things, and by the council for other things. She takes notice of what she chooses too.

You might get more helpful responses if you stop channelling your user name in response to posters trying to help you.

Has she sprayed your animals? You can go the police if she has. I don’t see anything more than a verbal or written warning.
How bad is the damage? Is it along the boundary?
Could you get a fence to prevent her from accessing your land?

I would say it depends how bad the damage is, but getting a solicitor might be the best bet for a good outcome

May I make two suggestions

1. Spraying weedkiller is subject to various rules, in particular if its 'industrial' not domestic strength stuff. I dont know what the rules are but I suggest Mr Google is your friend
2. Given what you say have you asked for an Anti Social Behaviour Case Review? That would get the relevant organisations together and hopefully move things towards a resolution

https://www.gov.uk/guidance/anti-social-behaviour-asb-case-review-also-known-as-the-community-trigger

Thank you.
I have no way of knowing what was sprayed. I can't zoom in to a level to read any labelling.
An ASB review was done about a year ago, a year after I first asked for one...the only outcome was a warning to her from the police and council about abusing public money/time and that there might be consequences if she continued. She continues. There are no consequences.