Neighbour threw pile of leaves from my tree into my garden Can I legally return them?

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The neighbour gave you back your leaves and you now want to dump your leaves on his property - have I got that right?
 
I think the OP would be better off investing at least the same amount of time in talking to his neighbour as they have on this thread....much more productive....this stuff festers often for years and let's be blunt who goes to Court with neighbours over such nonsense...

To be brief enough about fallen leaves, so much grief, I've leafed through this thread enough, I think I'm going to leaf it alone now...go talk to your neighbour and put aside talk of any legal beef chief over an auld leaf..or two.
 
WizardDr said:
@bullworth

The nub of this is that your tree is clearly irritating your neighbour considerably.

That is called nuisance.

You on the other hand feel that there has been unlawful trespass - and that is triable per se - in other words you do not have to prove damage.

If you want to bring this to head:

Issue a summons under the Petty Sessions (Ireland) Act 1851.

Information can be laid before a District Court Judge on an ex parte and can be done by you.

If you have all your facts then you will find out soon enough what the story is.

I would predict that the Judge might tell you that you have an arguable case but your neighbours potential defence would make the outcome of this unpredictable - as we have only your side to go on.

His tale might be such that many hints have been given to you to cut the branches back - but you are not listening (and some here might be sympathetic to your neighbour on that front). On the other hand he may have said nothing and made no attempt to contact you.

The judge will be a little bemsued as to why you have not attempted some sort of contact but if you are persistent he may let this go forward. I think there are in fact two different complaints here and you might er not win. A simple strategy is to cut the branches. A longer strategy is to communicate with your neighbours as you may need them in the future.
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ThankYou. My branches are always impeccably cut back however this is the nature of a tree that it produces leaves. The only things I wont do for my neighbour is tolerate aggression, flinging items or leaves over my wall without looking where it is going or asking my permission first; or tolerate the destruction of a 15 year old tree.
 
col said:
I am talking about 40 plus wheelbarrows full and they ruin my grass if left. I have nowhere to dump them so every year I spend at least one full day picking up his leaves and throwing them over his wall.
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I know you weren't asking for an alternative solution but if you know someone with an allotment (few and far between, I know) or posted on the smallholding section of boards, for example, I'm sure you'd find lots of people willing to come and gather the leaves up and take them away - free leaf mulch for them and less work for you. :)
 
The problem for your neighbour most probably is that it costs money to dispose of the leaves.
 
There's talk about dumping the leaves being an aggressive act. I think the act hasn't been consciously thought about at all .
 
@bullworth - that procedure can be initiated by you at the District Court.

If judge feels you have a case the summons will be issued - the downside is if you lose, any costs that your Defendant has will be payable by you (costs follow event).

If judge feels you have not got a case, nothing ventured nothing gained.
 
Why don't you talk to the neighbour and ask him if he wouldn't mind bagging them next time and then you can place them in your compost bin. A win win situation. Seek solutions and not confrontation.

Not the legal advice you wanted just some life wisdom.
 
coldcake said:
Why don't you talk to the neighbour and ask him if he wouldn't mind bagging them next time and then you can place them in your compost bin. A win win situation. Seek solutions and not confrontation.

Not the legal advice you wanted just some life wisdom.
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Thanks and on that positive note thread closed.

aj

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