Legal question.

Discussion in 'NEW Gardeners !' started by ellen9661, Aug 29, 2019.

  1. ellen9661

    ellen9661 Apprentice Gardener

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    Can anyone help me please. I have to cut back bind weed that is growing over and through my fence. Its from a council walkway. Its bad enough that they wont deal with it themselves but there is so much of the stuff that it would fill my green bin on its own and leave no room for my own green waste. Is it legal to cut it back and throw it over the fence returning the cuttings to them. I pay them to empty my green bin so i dont think this is fair.
     
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    • ricky101

      ricky101 Total Gardener

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      Hi,

      To the best of our knowledge, you can cut back anything that grows into or overhangs your property, but you are legally obliged to return said cuttings, which are not yours, to the property it came from, eg, placed back over the fence,

      However that will not really solve your problem, as it will just keep coming back, so we would tread the bindweed etc thats on your property with a good weedkiller, which should then travel down to the roots and kill it completely.
      Avoid going round and using it on the other side of the fence as that could be a problem, ie not your land / public hazard etc.

      Glyphosphate , like RoundUp etc, is still legal to use, though we used some Vitax SBK Brushwood Killer (wilco) on some stubborn brambles etc and its never come back all summer; its applied with a watering can or hand sprayer.

      The plants need to be actively growing and the weed killer should work this time of year, but you may need to re-treat next spring.
       
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      • ellen9661

        ellen9661 Apprentice Gardener

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      • ellen9661

        ellen9661 Apprentice Gardener

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        Thank you so much. I was hoping that was the case. A neighbour of mine asked a councillor about this and and was told if they did this they would be guilty of fly tipping. I think youre right about poison as this stuff seems to grow about a foot overnight. It takes an awful lot of time and effort to keep cutting it back
         
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        • Verdun

          Verdun Passionate gardener

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          Well, ellen9661, you need to be careful in this case. Council property and fly tipping is a big thing for councils these days.
          I would contact the Council first ...just to be on the safe side.
          If it looks like you have dumped stuff on the public highway.......??:)
           
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          • Freddy

            Freddy Miserable git, well known for it

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            Use Glyphosate, that should sort it.
             
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            • Freddy

              Freddy Miserable git, well known for it

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              Just to add...
              Don’t apply on a windy day and avoid a sunny day as it will evaporate more quickly :thumbsup:
               
            • ricky101

              ricky101 Total Gardener

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              Correction to the earlier post - talking about trees below, but sure the same principle applies to any other growths.

              What do I do with the prunings?

              Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!
               
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              • Mike Allen

                Mike Allen Total Gardener

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                I think that most, if not all councils are finding it finacially difficult to cope with certain seasonal problems. Sadly many individuals have a poor view of their local council. Usually contacting the council, you speak to some kind of clerk, who may not be in a position to advise you correctly. If, despite your efforts you can always refer the matter to your local MP.

                Having made the council aware of your problem, they will more than likely suggest, you bag-up the weedy remains from the pavement side and leave them for the council to collect and dispose. Whatever you do. Never take it upon yourself to use chemicals on a public area, unless you have written authority.
                 
              • Liz the pot

                Liz the pot Total Gardener

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                Is this your fence?
                If it is you can treat the plant with a herbicide on both sides of the fence as it’s your property but only what’s on your fence. It’s also worth checking if the fence marks the boundary as it does not always indicate the edge of said boundaries. If you had ivy for example you could do the same.
                Anything that is on your property can be treated and if you are worried about drift I would suggest a weed wipe which is like painting the herbicide thus avoiding drift.
                You could have a word with your local parish council in a very polite way as Verdun and Mike mentioned. Ours is very relaxed, perhaps too relaxed but several members are on our local Facebook page.
                 
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                  Last edited: Aug 30, 2019
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