weed killer

[jomumsy]

Is it legal for my neighbour to spray weed killer over his 6ft fence in to my garden? If not how can i stop him .
The leaves on my bushes have gone brown & are falling in my garden.

[Postdog]

Hmm, over a six foot fence, so hardly accidental from the sounds of it. Course it is illegal - it is criminal damage and you can involve the police.

[jomumsy]

Thanks Postdog. Yes it is not accidental he often reaches over to cut bushes and throws cuttings back, but i am concerned that not only has it killed the bushes but the leaves contaminating soil . I can' t let my grand children play in garden as the wind has blown leaves around.

[ChuckFickens]

"he often reaches over to cut bushes "

He's not allowed to do that either, he is quite entitled to cut back bushes that are growing over the boundary onto his side but can't reach over and cut stuff on your side.

[jomumsy]

Hi Chuck , I knew he was not supposed to reach over but i have ignored it ,so with no response from me he has used weed killer , I was not sure how I stood legally.

[terambulan]

Take photos of damage and over-estimate losses, ie plant costs, loss of garden usage etc. Threaten him with Court action (by registered post) then file action in Court within 3 years. The losses need to be worth the Court action, hence the over-estimate.

[ChuckFickens]

terambulan is spot on, but may be a little harsh to start with.

Try talking to him and finding out why he is doing it and resolve it between the 2 of you

if that doesn't work then as terambulan says but I'd also try to get photo/video evidence of him doing it.

[jomumsy]

I can't talk to him. Last year I got him on video, he had replaced a fence panel and was in my garden , the film shows him pulling out plants and throwing them around also the damage walking over plants. I filmed from my kitchen window as he had one of his son with him i would not go outside i felt intimidated in my own home.

[~Wingnut~]

Good grief jomumsy that's terrible! He sounds like an arrogant bully who thinks he can throw his weight around. You should have called the police when he was in your garden as that is tresspassing but I can understand why you didn't. If he ever does anything that makes you feel threatened then please ring the police asap! Infact I would ring the police anyway to report that he is spraying weedkiller over the fence, as you say it isn't safe for your grandkids to be out there.

He obviously can't be reasoned with so I would just go down the legal action route (or at least threaten it) and maybe he will back off.
People like this make me angry, they are nothing but scum!