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  • Legal FAQs

    Fly tipping on private property...

    Hello Fellow Tribers,

    Advice here would be appreciated: in short, the neighbour at the back of my garden tried to get me and each neighbour on either side to "contribute" towards the cost of a new fence - HIS new fence - bordering our respective back properties, needless to say without any success.

    I was expecting either i) nothing to happen or ii) for the fence to be uprooted and the area left exposed for us to do something about it.

    I had not anticipated what actually ensued: a very nice fence was installed, but about six days after the work was completed I was informed by one of my neighbours that he had dumped a lot - and I mean a lot - of his rubble (large paving stones et all) onto my flower bed hidden - unless you get close up and personal - behind my trees plus wheat grasses and the fence itself, including two or three smallish pieces of asbestos, and there could be more hidden underneath the rubble.

    So far I have rung the Council Environment Department and it has been logged and reported to their Pollution Department. I was also advised to try ringing the City of London Corporation with regards the asbestos; after 30 minutes someone answered and said I am entitled to one free collection per annum for the asbestos only.

    Obviously, I should not even have to be dealing with this and intend to pop round to the neighbour and tell him this is his responsibility and he has to remove it, but I am not holding my breath.

    Is there anything else I can do, especially with regards any legal measures that can be taken?

    I have tried to attach three photos - you can see an asbestos sheet in the second one.

    Thanks in advance,

    Happy (not really) Landlord

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    I have had stuff dumped on my land. The Council said it is my responsibility to remove the stuff. If you want to prevent it happening, you will need a good camera to catch the person doing it.

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    It is possible that your neighbour's fence contractor has charged him for disposal, and done the fly tipping without his knowledge, so it's worth suggesting that is a possibility and asking him politely to sort it out, before going in with all guns blazing.

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    If this happened to me and it could not be solved amicably and/or the tenant not taking responsibility (either by getting it removed or some financial compensation), I would simply toss it back over to his side and prepare for war!

    Assuming he is aware of it, that is a blatant piss-take what he has done. But definitely speak to him first to get his 'side' of the story.

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    It is the neighbour's responsibility to remove the stuff, even if it was his fence contractor who left it. I suggest you talk to him politely first but ultimately you can take him to court for causing a nuisance on your land

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    First of all thanks to all those took the time to respond.

    I spoke to the neighbour yesterday and he denied everything needless to say. I have also trawled through any photographs I may may have had and I am unable to prove that it was not like this before.

    Having spoken to neighbours, the conclusion I have reached is that I shall have to bite the bullet on this one.

    Happy Landlord

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    It may be a bitter pill to swallow now, but I'd let the other neighbours know what has happened, and then, maybe, karma will come to pay him a visit when he needs help from you/your neighbours?

    Unfortunately, freehold land and fly-tipping is a real problem, one that I've experienced before as well with some garages I own. It's a very sad mindset that does it, and, as said above, one that will hopefully come back to haunt those that do it one day.

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    Thanks, Adam_,

    He's caused nothing but hassle since moving into his property.

    Happy Landlord

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