How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Vincent2013 Your Own Question

Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
74366787
Type Your Law Question Here...
Vincent2013 is online now

I wrote and informed my neighbour of my intentions to trim

Customer Question

I wrote and informed my neighbour of my intentions to trim their overhanging hedges on my property and told them I would be putting the cuttings back over their fence. They have contacted via letterme informing me that I must not put the cuttings over the fence and need to dispose of them myself. They have stated in their letter that they wont accept receipt of the cuttings over the fence. They have mentioned the law of Tort. The neighbour rents the property from a housing association who I also informed of my intentions. I have had no refusals or comments regarding this from the housing association.
Could you please inform me how I stand as regards XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Vincent2013 replied 2 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

There is no legal obligation for a landowner to cut back vegetation overhanging a neighbouring property unless it causes damage sufficient to amount to a legal nuisance. Nevertheless, in the absence of nuisance, the affected landowner can exercise common law rights to cut the vegetation back to the boundary. Having done so, the material that has been removed remains the property of the owner of the vegetation and, technically, needs to be offered to him (as it could have value - i.e. fruit and/or firewood) .

 

However, once it has been cut, the owner is not obligated to accept it, leaving the neighbour responsible for its disposal. Placing it over the fence, without his consent, could be considered a trespass (which arises under the law of tort). Further, if placing the material on his property caused any damage to plants this could amount to criminal damage.

 

It is usually considered pretty unneighbourly not to arrange for the disposal of vegetation overhanging your neighbour's property but it is not a legal requirement and putting the clippings over the fence is ill-advised, particularly if the neighbour has already advised that he intends to be difficult about it.

 

There is a lot of conflicting information on the internet regarding this and I'm sorry if this is not the answer you had hoped for.

 

Can I clarify anything for you?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice