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Conifer help re nightmare neighbours

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Christina Websell

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Jul 7, 2010, 2:17:58 PM7/7/10
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I have 4 Lawson cypressus in my front garden. They weren't planted by me,
but by the previous occupants 25 years ago.
When new neighbours moved in 5 years ago they asked if I would mind having
them topped, I agreed providing it was done in January to minimise
disturbance to nesting birds, they are favourite for woodpigeons.
So that's what we did. All very amicable.
When I got home from work tonight my neighbour was waiting for me, with a
van outside (some sort of cut your trees down bloke) as their very small
fence the other side of the conifers is so old it fell down and made a minor
scratch to her car.

They want me to top the trees immediately, are claiming that it's impossible
to put a new fence up unless I do. What's more they say it's a party fence
I need to pay for half of it!

I said I would agree to have them topped in January once again when there is
little chance of nests as there is a wp nest in there as we speak.
Tree man got quite aggressive then and said "pigeons are vermin, you are
allowed to throw away their nests"
I said "not on my property, you aren't"
Neighbour got aggressive too and said "well, we'll see what the council
think then.. they will make you take them down"

What do you all think? I think I was reasonable in saying let's wait until
January to do it. I haven't said I won't, just to wait until Jan to make
sure nothing is in them.
It's not exactly essential they have a new 2 foot fence that I cannot see,
and I said "I don't really need a new fence, my conifers do that.."
Wife said "Well, I do, I don't want to look at the bottom of your trees"
Shame about that then, isn't it?
Tina

Bob Hobden

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Jul 7, 2010, 3:36:08 PM7/7/10
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"Christina Websell" wrote...

My thoughts are.....
If the trees constitute a hedge and are over two metres high the Council can
demand you reduce their height to 2 metres but your neighbour will need to
pay a non-refundable £440.00 up front with their complaint before they even
look at the situation.
The height of a hedge should not affect the putting up of a new fence, only
the width will cause problems (?)
Unusual to have a joint fence, normally the whole road has a fence on one
side that is their responsibility, i.e. with us it's the fence on the right
and at the bottom, looking down the garden. Your Land Registry plan will
show fence ownership or state if they are joint, if you haven't got yours
( e.g have a loan against a Mortgage) then you could obtain "Office Copies"
from the Land Registry.

That said, having had our Kohl Rabi eaten by pigeons, which are hardly an
endangered species, at this point in time I agree with the tree cutting
bloke. :-)
--
Regards
Bob Hobden
W.of London. UK

David WE Roberts

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Jul 8, 2010, 7:25:02 AM7/8/10
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"Christina Websell" <ti...@tinawebsell.wanadoo.co.uk> wrote in message
news:89jumn...@mid.individual.net...
<snip>

> They want me to top the trees immediately, are claiming that it's
> impossible to put a new fence up unless I do. What's more they say it's a
> party fence I need to pay for half of it!
>
> I said I would agree to have them topped in January once again when there
> is
> little chance of nests as there is a wp nest in there as we speak.
> Tree man got quite aggressive then and said "pigeons are vermin, you are
> allowed to throw away their nests"
> I said "not on my property, you aren't"
> Neighbour got aggressive too and said "well, we'll see what the council
> think then.. they will make you take them down"
<snip>

I thought I read somewhere (possibly here) that it is illegal to cut trees
or shrubs when there are birds actively nesting.
Not that I believe that most people know this or would take notice if they
did.
However if this is true you do have the force of law on your side.

Cheers

Dave R
--
No plan survives contact with the enemy.

Helmuth von Moltke the Elder

David WE Roberts

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Jul 8, 2010, 7:29:23 AM7/8/10
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"David WE Roberts" <davidwe...@spamtrap.invalid> wrote in message
news:89lqsb...@mid.individual.net...

http://www.ecotreecare.co.uk/wildlife-conservation.htm

"Certain species, in some circumstances, are considered as pests and so are
not on the Schedule 1 of the Wildlife and Countryside Act 1981 (those listed
below) and therefore the offence of reckless or intentional disturbance does
not apply.

However, the offences of intentionally taking, damaging or destroying the
nest or intentionally taking or destroying the eggs of any of these birds
does apply - as do the offences of intentionally killing, injuring or taking
any of these birds (this includes chicks). These offences all appear under
s.1(1) of the WCA 1981.

It is also an offence to 'attempt' to commit any of these offences
(s.18(1)).

This applies to the following species

Wildlife conservation tree surgery wildlife act Carrion Crow
Tree surgery and the wildlife law Lesser black-backed gull
Arboriculture and the wildlife law Jay
Tree surgeons and the wildlife and countryside act Rook


Arborists legal responsibilities to wildlife Woodpigeon
Wildlife conservation tree surgery wildlife act Collared Dove
Tree surgery and the wildlife law Herring gull
Arboriculture and the wildlife law Magpie


Wildlife conservation tree surgery wildlife act Great black-backed gull
Tree surgery and the wildlife law Jackdaw
Arboriculture and the wildlife law Feral Pigeon
Tree surgeons and the wildlife and countryside act Starling


Some species can be controlled in certain circumstances - this is set out in
general licenses issued by Natural England.

However all the conditions of the license being used must be complied with
in order for the activity to be legal. "

Did not cut and paste as expected, but the original article is good.

HTH

Christina Websell

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Jul 8, 2010, 2:42:04 PM7/8/10
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"David WE Roberts" <davidwe...@spamtrap.invalid> wrote in message
news:89lqsb...@mid.individual.net...
>
It might not apply to pigeons, as tree man said, but the fact remains that,
as a birdwatcher, I am not prepared to have them topped until there is
little chance of wp/collared doves having active nests in them. I think
that would be January.
No birds are vermin to me and I am absolutely not going to agree to it when
the wp parents are in and out feeding.
She can get the council on to me all she likes. I have not refused her
request to top the trees. I have said it can be done in January.

I know (because i work for the council!!) that this will be seen as
reasonable.

I don't like to fall out with my neighbours but if it persists I will draw
their attention to their new extension which they claim they didn't need
planning permission for but I now have a 8ft wall next to my house that I
didn't have.

I got home from work today to find every branch of conifer that was removed
from their side dumped on my drive.
I sense a war coming on.

David WE Roberts

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Jul 8, 2010, 4:45:43 PM7/8/10
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"Christina Websell" <ti...@tinawebsell.wanadoo.co.uk> wrote in message
news:89mkfv...@mid.individual.net...

>
> "David WE Roberts" <davidwe...@spamtrap.invalid> wrote in message
> news:89lqsb...@mid.individual.net...
>>
>> "Christina Websell" <ti...@tinawebsell.wanadoo.co.uk> wrote in message
>> news:89jumn...@mid.individual.net...
>> <snip>
<snip>

> I got home from work today to find every branch of conifer that was
> removed
> from their side dumped on my drive.
> I sense a war coming on.


If the branches were over their property then they have been carefully
abiding by the law.
They are entitled to remove them but the branches remain your property.

Christina Websell

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Jul 8, 2010, 5:16:31 PM7/8/10
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"David WE Roberts" <davidwe...@spamtrap.invalid> wrote in message
news:89mrnj...@mid.individual.net...
Yes, I know that, but they also know that my husband died and I am
recovering from cancer.
I'm not saying that to get a sympathy vote, but they are two young people
who know I will struggle how to get these cuttings down my very long garden
to burn them.
It's so ridiculous.
If they would just accept waiting a while, but no.

I have never had a neighbour dispute before, but I won't be forced into
reducing the conifers while there are birds nesting in them, neither will I
pay half towards a fence they want but I cannot see.
Call me difficult if you want to..I don't think so.
They already have a load of money paid to them for the husband to reinstate
my damaged garden from the building work the other next door did. It's
never been done.
Took the money, never did it.

Tina


Bob Hobden

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Jul 8, 2010, 6:17:36 PM7/8/10
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"Christina Websell" wrote >


> I have never had a neighbour dispute before, but I won't be forced into
> reducing the conifers while there are birds nesting in them, neither will
> I pay half towards a fence they want but I cannot see.
> Call me difficult if you want to..I don't think so.
> They already have a load of money paid to them for the husband to
> reinstate my damaged garden from the building work the other next door
> did. It's never been done.
> Took the money, never did it.
>

Then they already have had money which they can use for the fence. I doubt,
however, that it is jointly owned so also doubt you are liable for any of
the cost.
Not chasing them for the garden money when the work wasn't done probably
makes them think you are a soft touch so they are trying it on again and
will do time and again unless you stop them. Check who owns the fence and
take it from there, if you don't think you can do it get a Solicitor to find
out for you.
http://www.landregistry.gov.uk/ and I think you want Form OC1.

Christina Websell

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Jul 9, 2010, 12:50:45 PM7/9/10
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"Bob Hobden" <Bo...@invalid.com> wrote in message
news:89n13u...@mid.individual.net...

Thanks, Bob.
I have the deeds to my house in a safe place - so safe I can't quite
remember where. They should tell me, but if I can't find them soon I will
go down the route you suggested.
I am started to feel harrassed. I hadn't been long home from work this
afternoon when the wife was round here ringing the doorbell which I ignored.
Then she rapped the door knocker. Then she went down the side of the house
and banged on my kitchen window.
She's just been back ringing the bell again and banging on the lounge window
this time.
I see no point reasoning with her after I've had a hard week at work and
just want to chill out. I might get more annoyed than I want to if I did.
She's been told my decision which is a) Yes, I will reduce the height as
you request b) not while there are birds nesting in there, even if they are
woodpigeons.
c) it can be done in January.

That's my final position on this and I think it's a reasonable one.
My landline is ringing now and I let it go to answer machine. It was her.

Isn't this getting past acceptable behaviour?
I think it is.

Tina

Bob Hobden

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Jul 9, 2010, 1:21:04 PM7/9/10
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"Christina Websell" wrote


> I have the deeds to my house in a safe place - so safe I can't quite
> remember where. They should tell me, but if I can't find them soon I will
> go down the route you suggested.
> I am started to feel harrassed. I hadn't been long home from work this
> afternoon when the wife was round here ringing the doorbell which I
> ignored. Then she rapped the door knocker. Then she went down the side
> of the house and banged on my kitchen window.
> She's just been back ringing the bell again and banging on the lounge
> window this time.
> I see no point reasoning with her after I've had a hard week at work and
> just want to chill out. I might get more annoyed than I want to if I did.
> She's been told my decision which is a) Yes, I will reduce the height as
> you request b) not while there are birds nesting in there, even if they
> are woodpigeons.
> c) it can be done in January.
>
> That's my final position on this and I think it's a reasonable one.
> My landline is ringing now and I let it go to answer machine. It was her.
>
> Isn't this getting past acceptable behaviour?
> I think it is.
>

It certainly is getting near harassment, so you could start keeping a
comprehensive diary of events. However they probably are just not thinking
about you and your needs at all only about themselves, it's becoming more
common these days.

Christina Websell

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Jul 9, 2010, 5:24:35 PM7/9/10
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.
>>
>> Isn't this getting past acceptable behaviour?
>> I think it is.
>>
>
> It certainly is getting near harassment, so you could start keeping a
> comprehensive diary of events. However they probably are just not thinking
> about you and your needs at all only about themselves, it's becoming more
> common these days.
>
I am usually a very pstient neighbour but these ones are seriously ticking
me off. Their child, with his football, smashed glass in my conservatory,
able to see a ball shaped hole in the glass. I asked them to replace the
glass. No go.
So what did it then? A bird dropping a football from a height??
Worst neighbours I ever had.

Tina


>


Duncan

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Jul 9, 2010, 8:18:21 PM7/9/10
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"David WE Roberts" <davidwe...@spamtrap.invalid> wrote in message
news:89lr4g...@mid.individual.net...

Don't the "general licenses" which allows killing of pest species without
making any specific application, allow you to kill these species with
landowner's permission?

If this is correct, if you don't give permission the pigeons on your land
enjoy full Wildlife and Countryside Act protection.

I'm not a lawyer, so might be totally wrong!

Duncan


john hamilton

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Jul 11, 2010, 5:15:36 AM7/11/10
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"Christina Websell" <ti...@tinawebsell.wanadoo.co.uk> wrote in message
news:89picn...@mid.individual.net...

sometime just simple things get out of hand when tempers are frayed. dont
some councils offer a free *mediation* service run by the council? yours
might have one.


Christina Websell

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Jul 11, 2010, 11:43:29 AM7/11/10
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I think it's sorted.
Having failed to get a reply at the door or windows on Friday night, she
merely waited in their back garden Sat a.m. to catch me going down mine to
feed my chickens. Started all over again with additional requests. e.g. "
you can also come round and clear up the dead "needles" from the tree that
we found when we took the fence down as tree man is refusing to, saying he
is not prepared to.." all delivered in a most unpleasant manner.

As luck would have it, my brother from "dahn sarf" paid me one of his
infrequent unannounced visits only a few minutes later. I told him all
about it and he asked me if I would like him to have a word. Yes.
He was gone for ages. When he came back, strangely, they had changed their
tune.
He reported that they'd said all they wanted was for me to agree to have a
lower large bough removed that was jutting out so they could get the fence
put in, that they were not asking me to pay half (!) and having the trees
topped in January was fine. What liars.

Anyway I sent him back round with my agreement to it - why would I not have
agreed to this if this is what they were asking?
He was gone for ages, again. Half an hour at least.
When he came back I said "where were you?"

"Oh, just talking.."

My brother is mild-mannered but he hasn't got the job he has without having
mega-management skills. He will not have gone round there bullying and
aggressive.
I'm so proud of him, he's 13 years younger than me and I helped bring him
up.

No contact from my neighbour today so I guess my own mediator did the trick.
What I do not like in this whole situation is that it seems I can be bullied
because I am a widow, or any woman on her own, probably, but as soon as a
man appears in defence, it's a whole different story.

Thank you to everyone who has given great solutions and support in this
thread.
Tina

Bob Hobden

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Jul 11, 2010, 12:27:47 PM7/11/10
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"Christina Websell" wrote (huge snip)>


> I think it's sorted.

> As luck would have it, my brother from "dahn sarf" paid me one of his
> infrequent unannounced visits only a few minutes later. I told him all
> about it and he asked me if I would like him to have a word. Yes.
> He was gone for ages. When he came back, strangely, they had changed
> their tune.

Excellent news.

Keep you brother on call though. :-)

Gordon H

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Jul 11, 2010, 1:51:32 PM7/11/10
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In message <89u757...@mid.individual.net>, Christina Websell
<ti...@tinawebsell.wanadoo.co.uk> writes

>john hamilton wrote:
>>
>> sometime just simple things get out of hand when tempers are frayed.
>> dont some councils offer a free *mediation* service run by the
>> council? yours might have one.
>
>I think it's sorted.
>No contact from my neighbour today so I guess my own mediator did the trick.
>What I do not like in this whole situation is that it seems I can be bullied
>because I am a widow, or any woman on her own, probably, but as soon as a
>man appears in defence, it's a whole different story.
>
This is very often true, unfortunately.

Maybe your brother just told them you are potty about wild birds, and
asked exactly what they really wanted.
That's something like what I would have said... 8-)

I hope you can maintain a better relationship with them, I am fortunate
in having the best possible neighbours, and you don't want to make
enemies who will ignore the van which arrives whilst you are out, "to
collect some unwanted items, or the TV for repair". :-)
--
Gordon H
Remove "invalid" to reply

Gordon H

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Jul 11, 2010, 1:42:45 PM7/11/10
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In message <i1c24g$th0$1...@news.eternal-september.org>, john hamilton
<blues...@mail.invalid> writes

>
>"Christina Websell" <ti...@tinawebsell.wanadoo.co.uk> wrote in message
>news:89picn...@mid.individual.net...
>>
>> I am usually a very pstient neighbour but these ones are seriously ticking
>> me off. Their child, with his football, smashed glass in my conservatory,
>> able to see a ball shaped hole in the glass. I asked them to replace the
>> glass. No go.
>> So what did it then? A bird dropping a football from a height??
>> Worst neighbours I ever had.
>>
>> Tina
>
>sometime just simple things get out of hand when tempers are frayed. dont
>some councils offer a free *mediation* service run by the council? yours
>might have one.
>
I was going to suggest mediation. It is very stressful living at
close quarters with a neighbour with whom you are "at odds", and can
affect your health.
Both sides have to give some ground though, or it won't work.

I had an amateur radio buddy who had a 60ft (retractable) tower in his
rear garden, and his neighbour grew a line of Leylandei along the
boundary. They were asked to keep it to a reasonable height, but
refused, and said "We don't want to look at your b***** tower"!

So Reg borrowed a chainsaw, climbed his step ladder and chopped it to
about 8ft whilst they were out.
He heard nothing more from the neighbour.

Christina Websell

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Jul 11, 2010, 2:11:50 PM7/11/10
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I will, although it's doubtful I will need him again.
Once they found there was someone to support me, that came round to their
own house they backed off, big time.
Cowards.

Tina

Christina Websell

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Jul 11, 2010, 3:31:33 PM7/11/10
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Gordon H wrote:
> In message <89u757...@mid.individual.net>, Christina Websell
> <ti...@tinawebsell.wanadoo.co.uk> writes
>> john hamilton wrote:
>>>
>>> sometime just simple things get out of hand when tempers are frayed.
>>> dont some councils offer a free *mediation* service run by the
>>> council? yours might have one.
>>
>> I think it's sorted.
>> No contact from my neighbour today so I guess my own mediator did
>> the trick. What I do not like in this whole situation is that it
>> seems I can be bullied because I am a widow, or any woman on her
>> own, probably, but as soon as a man appears in defence, it's a whole
>> different story.
> This is very often true, unfortunately.
>
> Maybe your brother just told them you are potty about wild birds, and
> asked exactly what they really wanted.
> That's something like what I would have said... 8-)

I have no idea what he said, he refused to say exactly.
Just to say when he came back "I think you will find this is sorted, now"


>
> I hope you can maintain a better relationship with them, I am
> fortunate in having the best possible neighbours, and you don't want
> to make enemies who will ignore the van which arrives whilst you are
> out, "to collect some unwanted items, or the TV for repair". :-)

As I said, I've never had a dispute with a neighbour before in 25 years of
living here. I found it really shocking.
I think the next thing is, having been beaten, they will now object to my
cockerels crowing.
I only have 3, once I had 17..

AND no neighbour said a word, in fact I used to get people saying "are you
the chicken person? i *love* to wake up to a cockerel crow.."


Christina Websell

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Jul 11, 2010, 5:18:13 PM7/11/10
to

What? He chopped their radio tower down because they complained about his
trees?
Excellent ;-)
There may, or may not be a number of footballs not finding their way back
home. They may have been punctured by my blackberry bushes.
It's not definite, it could have been the roses.


Gordon H

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Jul 11, 2010, 6:37:14 PM7/11/10
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In message <89ukgr...@mid.individual.net>, Christina Websell
<ti...@tinawebsell.wanadoo.co.uk> writes
>

>As I said, I've never had a dispute with a neighbour before in 25 years of
>living here. I found it really shocking.
>I think the next thing is, having been beaten, they will now object to my
>cockerels crowing.
>I only have 3, once I had 17..
>
>AND no neighbour said a word, in fact I used to get people saying "are you
>the chicken person? i *love* to wake up to a cockerel crow.."
>
They wouldn't be too popular round here, too built up, but I am amused
by people who move into a country area and complain about animal noises.

Gordon H

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Jul 11, 2010, 6:43:29 PM7/11/10
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In message <89uqor...@mid.individual.net>, Christina Websell
<ti...@tinawebsell.wanadoo.co.uk> writes

>Gordon H wrote:
>>
>> I had an amateur radio buddy who had a 60ft (retractable) tower in his
>> rear garden, and his neighbour grew a line of Leylandei along the
>> boundary. They were asked to keep it to a reasonable height, but
>> refused, and said "We don't want to look at your b***** tower"!
>>
>> So Reg borrowed a chainsaw, climbed his step ladder and chopped it to
>> about 8ft whilst they were out.
>> He heard nothing more from the neighbour.
>
>What? He chopped their radio tower down because they complained about his
>trees?
>Excellent ;-)

I'm sorry, I'll read that again!

>There may, or may not be a number of footballs not finding their way back
>home. They may have been punctured by my blackberry bushes.
>It's not definite, it could have been the roses.
>

I had that problem for a number of years, the kids in the park behind me
were forever climbing into my garden to retrieve their ball. When
we had the border collie we just let her out, and she loved barking at
them and chasing them out.

We also had some blackberry bushes, but it was cured by persuading the
local council to plant shrubs just inside the park which make it unwise
to play close to my fence.

Christina Websell

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Jul 24, 2010, 3:18:28 PM7/24/10
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"Bob Hobden" <Bo...@invalid.com> wrote in message
news:89u9o2...@mid.individual.net...
Hmm, I don't think it's over yet ;-(
I spent 4 hours today removing the conifer branches they dumped on my drive,
cutting them all small to go in a wheelbarrow, taking them down the garden
to burn in my incinerator only to find that a large bough had broken off a
plum tree and fallen accidentally into their garden (100 yards down our
gardens) so it's not exactly a problem.
It's been thrown back into my garden, destroying a lot of my plants.
Oh, joy.
What the F is wrong with them?
Had that happened to me (and it fell where they had nothing to damage) I
would have said "oh, what should we do about this?"
No way would I have have chucked it back over (this is a large limb) to
damage their plants for me to just find it and not be able to get to my
chickens water barrel.

I don't like confrontation so am unsure what to do.

What would you all do?


Gordon H

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Jul 24, 2010, 4:18:46 PM7/24/10
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In message <8b0sk7...@mid.individual.net>, Christina Websell
<ti...@tinawebsell.wanadoo.co.uk> writes
>
>"Bob Hobden" <Bo...@invalid.com> wrote

>>
>> Keep you brother on call though. :-)
>>
>Hmm, I don't think it's over yet ;-(
>I spent 4 hours today removing the conifer branches they dumped on my drive,
>cutting them all small to go in a wheelbarrow, taking them down the garden
>to burn in my incinerator only to find that a large bough had broken off a
>plum tree and fallen accidentally into their garden (100 yards down our
>gardens) so it's not exactly a problem.
>It's been thrown back into my garden, destroying a lot of my plants.
>Oh, joy.
>What the F is wrong with them?
>Had that happened to me (and it fell where they had nothing to damage) I
>would have said "oh, what should we do about this?"
>No way would I have have chucked it back over (this is a large limb) to
>damage their plants for me to just find it and not be able to get to my
>chickens water barrel.
>
>I don't like confrontation so am unsure what to do.
>
>What would you all do?
>
To be honest, I'd be checking whether I had too many trees overhanging
their garden. If that branch had fallen on someone.....
It sounds as though you have a smallholding rather than a garden, if
it's at least 100 yards long. 8-)

Christina Websell

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Jul 24, 2010, 6:02:02 PM7/24/10
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"Gordon H" <Gordo...@g3snx.demon.co.uk.invalid> wrote in message
news:EB4BGwWm...@g3snx.demon.co.uk...


It's 156 yards long, actually and so is my neighbour's. That's the reason
why I think there is no need to be territorial. Which is what this is.
They never even go down past the first 30 yds except occasionally.

Gordon H

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Jul 25, 2010, 11:54:47 AM7/25/10
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In message <8b166m...@mid.individual.net>, Christina Websell
Either way, they don't seem inclined to be pleasant or co-operative.
I have had to cut my neighbour's shrubs back occasionally to disentangle
them from the fence(s), but she's an elderly widow. I usually
dispose of them myself via shredder or garden waste wheelie bin,
although I sometimes lob some over in a jokey way, just to listen to her
protests.
I wouldn't throw a heavy branch over, but would point it out politely
and ask her if she wanted it back, as required by the law. :)
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