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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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hi i live behind a pub beer garden that has just been taken

Customer Question

hi i live behind a pub beer garden that has just been taken over by a different brewery! the gardeners have cut the grass and surrounding trees and have dumped it against my garden fence. i have contacted the brewery, ive spoken to the pub manager,he cant understand our issue but the pile of issue is getting bigger & bigger. ive even spoken to gardener who says hes only putting it where hes been told to put it! They have been again today and cut the grass and put it right up the back of my fence. the pile is getting bigger its as though they have made it personal now!!!! is there anything i can do!i feel as though they are laughing at me by there actions and the security of my property is an issue now as we have had people climbing up the compost heap has they arecalling it.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : Is it on their side of the fence please?
JACUSTOMER-dm10m63k- :


JACUSTOMER-dm10m63k- :

is there anything i can do? i bought and payed for the fence

AlexWatts2013 : Have you complained to the head office?
JACUSTOMER-dm10m63k- :

hi on 3 or 4 occasions

AlexWatts2013 : In writing or on the phone please?
JACUSTOMER-dm10m63k- :


AlexWatts2013 : How are they making it personal please?
JACUSTOMER-dm10m63k- :

because today they have cut the grass!!!!! but have made a point of pilling it up the fence panell. where as before it was in a pile at the back of fence.

AlexWatts2013 : It's bad news I am afraid and will not be the answer you want and certainly not the one I want to give you but I have a duty to be honest. They are entitled to cut the grass and pile it up as it is on their land. However the Council can take action under the Control of Pests Act and make them remove the pile if it is causing vermin. If they refuse the Council can go in, remove it and charge them for the pleasure. But if the Council refuses there is not a lot you can do because it is private land and they have not done anything illegal. Potentially there would be a claim in nuisance but I do not think the case or loss is strong enough. That is why you should encourage the Council to take action under the above act. But speak to environmental health.
AlexWatts2013 : Can I clarify anything for you?
JACUSTOMER-dm10m63k- :

no thanks

AlexWatts2013 : You have rated bad service, what else can I do for you? Please remember you are not rating whether or not it is the answer you want but the service I have given you.
AlexWatts2013 : I can not change the legal answer to suit what you want to hear as this would be incorrect advice and negligent of me.
AlexWatts2013 : There is only one other course of action you could take. You could potentially seek an injunction to get them to remove the rubbish and/or secure the fence to stop anyone climbing on or over it. However for this you would need a solicitor to draft particulars of claim for you and represent you in Court. The matter could be listed at court and a judge would hear the claim. The test is whether or not it is reasonable to grant an injunction in all the circumstances. If the answer is yes then you have one and if they do not comply then they could be in contempt of court no be fined or sent to prison or both.
AlexWatts2013 : However you would not get legal aid for such matters and the rules changed recently to qualify. But if you have home insurance or car insurance and you paid for legal protection it is possible they would cover you. But you certainly would need a solicitor as I am sure this matter would be contested.
AlexWatts2013 : Does that help you further? If so I would be pleased if you would consider changing your rating as it does affect my standing on the site, Alex
Expert:  Nicola-mod replied 4 years ago.

Unfortunately it seems like you have been given some bad news in your answer. Please remember the Professional is trying to give you the most accurate possible answer for your question.

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