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Leaves - who owns them?? - Clive B (20th Nov 2008 - 18:23:08) What are the rules on disposing of leaves? Can anyone clarify what you can do, can not do or should do with leaves that fall onto your property if they fall from trees that you don't own? We have many trees across the road that shed a lot of leaves onto my property and also neighbouring properties. Why do I have to rake up these leaves that fall from the Bohunt Manor property (I am a Portsmouth Road resident) and fill up my garden waste bag with them? They are not my leaves so why should I be resposible for clearing them up. I would need at least 6 waste bags to clear the leaves up completely each time for the council to collect and take them away every couple of weeks. Could I just rake them onto the road like other people do and wait for a road sweeper? I have seen people from the above mentioned property across the road from me blowing their leaves with their machines up their drive onto the Portsmouth Road as if they couldn't care less and guess where the leaves then end up. You've got it - on to my drive and the neighbouring houses. Could I ask Bohunt Manor to come and clear their leaves from my property? I'm sure if I were to throw waste across the road onto their land they would challenge me! So where do we stand with leaves? Any ruling?

Re: Leaves - who owns them?? - claire (22nd Nov 2008 - 13:25:26) I too have neighbours trees which insist on shedding their leaves into my garden (and most annoyingly the pond)....however, they also look stunning in spring and summer ......so i guess i just take leaf clearing on the chin and use it as an excersise class! In years gone by you could have had a 'bob a job' scout doing it. Why do they not do that any more ?? is at an 'elf n safety issue ??

Re: Leaves - who owns them?? - gary (22nd Nov 2008 - 17:25:19) I blame the person who planted the trees in the first place. So that means you complain to the church as they say god made everything !!!! I will burn for ever for that one well at least I will be warm shame on me

Re: Leaves - who owns them?? - Eneida (22nd Nov 2008 - 18:43:49) Perhaps I'm a bit peculiar....don't all shout at once :D....but I actually enjoy raking leaves in the Autumn!!! ....and I don't really mind whom they belong to!! I also enjoy the smell of a bonfire, which is what we do with them, in a proper sort of metal thingy with a funnel supplied by Trevor....can't remember what it's called.... Eneida

Re: Leaves - who owns them?? - gary (22nd Nov 2008 - 22:40:55) Incinirator or something like that Icineratour incinyrata ?????

Re: Leaves - who owns them?? - christi (23rd Nov 2008 - 08:01:29) You can end up with problems with burning leaves as well though! I know several people who are constantly clearing leaves from their property, (the trees aren't theirs)when they have been burning them at least 2 of them have had letters from the council banning them to burn garden rubbish for 6 months or face a heavy fine!

Re: Leaves - who owns them?? - Sue W (23rd Nov 2008 - 10:28:42) Its an Incinerator. I believe there are certain days and times when you can burn leaves. Exactly what they are I don't know. I seem to think there is a silly rule that no burning can take place on Mondays, as this was a traditional washing day. Perhaps this has now changed with the modern work, where in my home every day is a washing day!

Re: Leaves - who owns them?? - Paul Robinson (23rd Nov 2008 - 11:37:24) A friend of mine was always beeing nagged by his wife to sweep up the maple leaves in his garden. Not unreasonably he argued that it was a waste of time doing it over and over again and said he would do it after the last leaf had fallen. She reluctantly agreed to this and was much put out when she discovered that he had sellotaped the last leaf onto the twig! Paul Robinson

Re: Leaves - who owns them?? - Eneida (23rd Nov 2008 - 12:12:58) I've just looked this up on the EHDC site re bonfires....it seems the Council only take action if you constantly have a bonfire that causes a lot of smoke and the neighbours make formal complaints. Our incinerator....thanks Sue!....produces very little smoke...the leaves just slowly smoulder really and anyway most of my neighbours have bonfires too.... Eneida

Re: Leaves - who owns them?? - Dawn Hoskins (24th Nov 2008 - 19:03:22) Trees themselves belong to the land owner. Branches, fruit, windfalls etc all belong to the owner. But falling leaves or blowing seeds [from weeds etc] are different as they are deemed a ‘natural occurrence’ and cannot therefore become a legal nuisance. Trees themselves are deemed a ‘natural occurrence’ and rules which apply to other things such as planning controls, rights to light etc cannot therefore apply to trees. I caveat that statement by deliberately not referring to the tree’s root system that is capable of causing damage which the owner will be liable for – but in the law of trespass not nuisance. Despite the fact that great piles of leaves cannot be a legal nuisance, one must bear in mind that local authorities are under a duty to keep pavements and roads safe. We all know how dangerous slippery leaves can be! If you think a road or pavement is hazardous then you should report it. I did try to get to the bottom of who was responsible (either EHDC of County Council) but didn’t get a definitive answer. However when I reported a dangerous pavement to EHDC it was logged and cleared. The authority will not become liable until the situation is reported. So, in a nutshell, tree owners DO NOT have to clear up the falling leaves. There have been cases however where damage caused as a result was deemed the fault of the tree owner (e.g. where floods have occurred due to drains being blocked). Also, although I have no cases to back this up, if a neighbour was deliberately behaving in a way that caused a nuisance, then the neighbour himself could be sued. Examples of this would be dumping leaves over your wall or deliberately blowing leaves into your garden with a leaf blower. I think (happy to be corrected) that this would constitute ‘fly tipping’. We all have to deal with leaves. They make excellent compost, or, if not causing a slipping hazard can be left to blow away on their own in this windy weather. Be careful of having bonfires with wet leaves as the smoke can be awful and smoke CAN be a legal nuisance! Check local byelaws regarding suitable times to incinerate.

Re: Leaves - who owns them?? - Alan Baker (24th Nov 2008 - 19:48:39) From East Hants Garden+Bonfires+Booklet+0904.pdf [big file] Bye-laws It is a common misconception that there are specific bye-laws to prohibit bonfires or to limit the time of day when they can take place - infact there are no local bye-laws in East Hampshire. An outright ban would be difficult to enforce and very occasionally a bonfire is the best practicable way to dispose of garden waste. The occasional bonfire should not cause a major problem so long as it does not affect any neighbouring properties. Environmental Protection Act 1990 Where a neighbour is causing a problem by burning rubbish the law is on your side. Under the Environmental Protection Act 1990, (EPA), a statutory nuisance includes smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance. In practice, to be considered a statutory nuisance, a bonfire would usually have to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property.

Re: Leaves - who owns them?? - Finchie (24th Nov 2008 - 20:22:02) Oh boy ! What is the world (Liphook) coming to when we have a debate about leaf ownership ! Perhaps we should chop the trees down. doh ! Or you could move to a flat ? I bet the trees were there before you were ? It's part of nature. Live with it. Rake them up, burn them and then get on with something far more interesting. Think of all the positives. Fresh air. Excercise. We love Autumn and play "catch a leaf" in the garden. Much harder than it sounds - but great for hand-eye cordination and reflexes ! A Very Christmas Cheery Cheers, Finchie

Re: Leaves - who owns them?? - Clive B (25th Nov 2008 - 21:03:55) Good advice finchie. I think I'll move down the road to the new flats on the corner of Station Road, apparently there's plenty of parking down there. Nice one :-)

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