(legal advice) My neighbor throws leaves over our fence?
My neighbor every fall will throw leaves (and limbs that she trims) that fall from our trees that are on that side of the yard over the fence.
We have offered bags for her to put the leaves in and to even put the bags in our trash, by our side door, or even come and get the bags. But this continues to happen. What can we do?
How would you feel if your neighbours leaves were falling into your yard? I personally would pick them up and throw them back over, but that might create neighbour wars. Maybe you can trim you tree so it doesn't hang over in there yard...good luck :)
Either pick them up and throw them away and stop worrying about it, or throw them back over. Me..I'm immature, i would throw them back over, or build a larger privacy fence, and make sure she got the ugly side facing her yard.
I used to have a neighbor just like this, well, sort of. He let his dog go, you know, in the front lawn. So, he'd walk the dog outside, waltz right into our lawn, let the dog drop a duece, and then leave like nothing happened. This happend many times, and he was oblivious to the fact that we knew it was happening and were pissed. It especially sucked when it came time to mow the lawn. Finally I got fed up with it. Whenever I find a pile of poo, I'd use a shovel to pick it up, calmly walk to his front door, and unceremoniously drop it in the bushes that flanked his doorstep. I'm sure that eventually he either figured it out or always wondered what that smell was.
In any case, you should dump that stuff right back over. Technically it's hers in teh first place, so I can't see why you'd get in trouble for it. And also, she will either A.) take care of it herself from now on or B.) confront you, in which case you'll have to sit down and settle this problem mano y chica.
You can report this as littering and property vandalism. You need to video you neighbor doing this and report it to the local law enforcement. They will stop after that.
Answers:
Leaves and limbs on her side of the line are her 'property' (regardless of whose tree drops them) and she is trespassing when she deposits them on your property without permission. Perhaps she doesn't realize this, or that she can get into trouble if she continues to do it when someone less friendly moves in. Neighbors: you gotta live with 'em, so be nice about it.
I wacth this judges shows all the time,If it is your tree,on your side of the fence,she can cut the limbs off on her side,but I have not seen one about ,a person cutting the limbs off and throwing them arcoss the fence, I would just video tape it and take it to the police station, they will handle it
Go help her clean up your leaves in her backyard.in other words, be a good neighbor regardless of her attitude.
Don't be one of those people that treats her with as much disrespect as she treats you. Reach out? Bet it works.
She is legally allowed to do this if the limbs of the tree are on her side of the fence, and she actually has a legal responsibility to return all propety (including branches etc) to your property unless you have advised her otherwise - even then she does not have to comply with your request.
Other people have stated that this is trespass and without further information I cannot advise you, but if the branches are hanging over her side of the fence, then the action she has taken to remove them is not trespass to chattels (goods) unless she has cut down parts of the tree which do not interfere with her property or unless she didn't give you the opportunity to remove them first.
Keep in mind if anything, she could have the grounds to take action against you for private nuisance. She is not the one in the wrong, rather you are. If it is such a big issue for both parties, perhaps you could consider trimming tress before they become an issue or removing them all together.
Disclaimer: This is not legal advice, but rather a response based on a hypothetical situation. If you are considering taking legal action, contact a legal practitioner in your area.



