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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7961
Experience:  Owner at James Bruce Solicitors
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My neighbour complains that the pollen and leaves from my

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my neighbour complains that the pollen and leaves from my silver birches falls on her patio and thereby spoils any pleasure she would have from sitting out there. She demands I fell one and perhaps up to three trees. She will not brush her patio and says that is not the answer. if I do not agree she threatens a court action
JA: Where are you? It matters because laws vary by location.
Customer: we are in West Hull which is a conservation area
JA: What steps have you taken so far?
Customer: I have asked the Council if they can forbid felling because the reason for that is not good enough
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The Council are very slow taking we believe up to 8 weeks but the neighbours now demand by tomorrow or they will go to Court
Customer: replied 14 days ago.
the question is the presence of leaves on a patio a legal private nuisance for which I can be taken to court/
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
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Customer: replied 14 days ago.
thanks should I risk going to court to stop tree felling and get my expense?
Customer: replied 14 days ago.
continue on screen please

 Falling leaves are pollen, are considered to be a natural product of trees and not something for which the owner of the tree can be held liable in law

property owners, whether they own the tree or simply live next to it, are responsible for their own cleanup of natural debris that enters their garden, drive, patio etc., no matter the source.

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Customer: replied 14 days ago.
I am not guilty of an offence and a court would not find in favour of my neighbour and charge me all the costs?
Customer: replied 14 days ago.
if I cannot be held liable in law is that written down anywhere?

Written law only covers what is claimable, not what is not.

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Customer: replied 14 days ago.
my neighbour says her use and enjoyment is spoiled by my leaves! does that make me guilty?

NO, if she wants to enjoy her garden then she need to get her broom out and sweep up the leaves

As explained you are not liable.

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Customer: replied 14 days ago.
Dear ***** thanks for bearing with me -you have clarified things and I will take it on from here.Good advice! John.

your welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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