neighbor blowing leaves back into my yard

[Iceman313]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,


I cannot believe that things have come to this, but my neighbor leaves me with no other choice.

Here's the story in brief:

I have a neighbor who is 76 years old with nothing more to do than start trouble for his good, law-obeying neighbors (been harassing us over our yard for about 4-5 years in subtle ways). He is quite eccentric and very mean, wanting nothing more than to control how his neighbors keep their yards (by the way, none of the neighbors is negligent of maintaining their years by "reasonable" or legal standards.). But his real issue occurs in the autumn when leaves fall from the "neighboring" trees onto his yard.

On a more personal note, he's been playing mind games with me and my family for about 4-5 years. He hates leaves falling into his yard from our big tree and thus takes it upon himself to blow all the leaves back into our yard that he believes comes from our tree. He even encroaches onto our property to blow them back over. This cannot be legal.


After doing some research online, I am starting to believe that this is against the law because leaves are deemed a "natural product". Once they fall into his yard from natural forces (i.e., wind), they become his responsibility. Should he desire to remove them, he must proceed in a legal way: rake and bag them. To blow them back over with a leaf blower constitutes a form of vandalism since the leaves no longer belong to me once they leave my property ("natural" trash cannot be returned to my yard).
It's also a form of harassment over something we cannot control.


What say you, my legal experts? Am I in the wrong or in the right?

I'd appreciate any help (this neighbor has crossed the line [no pun intended], and am done dealing with being harassed)

Thank you

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,


I cannot believe that things have come to this, but my neighbor leaves me with no other choice.

Here's the story in brief:

I have a neighbor who is 76 years old with nothing more to do than start trouble for his good, law-obeying neighbors (been harassing us over our yard for about 4-5 years in subtle ways). He is quite eccentric and very mean, wanting nothing more than to control how his neighbors keep their yards (by the way, none of the neighbors is negligent of maintaining their years by "reasonable" or legal standards.). But his real issue occurs in the autumn time when leaves fall from the big trees in his neighbors' yards.

On a more personal note, he's been playing mind games with me and my family for about 4-5 years. He hates leaves falling into his yard from our big tree and thus takes it upon himself to blow all the leaves back into our yard that he believes comes from our tree. He even encroaches onto our property to blow them back over.


After doing some research online, I am starting to believe that this is against the law because leaves are deemed a "natural product". Once they fall into his yard from natural forces (i.e., wind), they become his responsibility. Should he desire to remove them, he must proceed in a legal way: rake and bag them. To blow them back over with a leaf blower constitutes a form of vandalism since the leaves no longer belong to me once they leave my property ("natural" trash cannot be returned to my yard).

What say you, my legal experts? Am I in the wrong or in the right?

I'd appreciate any help (this neighbor has crossed the line [no pun intended], and am done dealing with being harassed)

Thank you

blow them, back into his yard, and call the police if he continues to blow them back. I would be good if you can video tape him doing this. ( directed at your property line also, so as not to violate any privacy laws.)



may I suggest a privacy fence?

 

[csi7]

I would get a fence up on that property line. It is a visible landmark of what belongs where.
I would video camera the leaves being blown onto your property from his actions for physical evidence.
Four or five years of this type of behavior, you are fortunate it did not escalate into other actions.
The effort it takes to blow the leaves back on his property for the thirty second "feel good" feeling of giving it back to the neighbor is your choice.
We put up our fence, the neighbor put up a spite fence, and the rest of the neighbors now have a betting pool on what's going to happen next.

 

[FlyingRon]

blow them, back into his yard,

Do not do this. Two wrongs do not make a right.

 

[cyjeff]

This is why I bought a yard vacuum. Just suck em up... It works so well I started doing parts of my elderly neighbor's yard.

Makes friends out of enemies.

I think it was Abraham Lincoln that said, "the best way to destroy an enemy is to make him a friend."

 

[Iceman313]

This is why I bought a yard vacuum. Just suck em up... It works so well I started doing parts of my elderly neighbor's yard.

Makes friends out of enemies.

I think it was Abraham Lincoln that said, "the best way to destroy an enemy is to make him a friend."

That is the best and only route to take when you're dealing with a somewhat "reasonable" person. (cannot be that normal if you're fighting over leaves) However, there is no being nice to my neighbor, and even if we did whatever he wanted (which is sick to consider in the first place), he'd become ever more controlling of us to the point that we'd all end up in a mental hospital. Besides, we've tried on numerous accounts to talk reason with him (before we knew how crazy and cruel he was [his wife, too]), but he and she have always refused to listen to the voice of reason and act civilly and politely. And so we've decided that will no longer stand to be harassed - enough is enough!

 

[Banned_Princess]

That is the best and only route to take when you're dealing with a somewhat "reasonable" person. (cannot be that normal if you're fighting over leaves) However, there is no being nice to my neighbor, and even if we did whatever he wanted (which is sick to consider in the first place), he'd become ever more controlling of us to the point that we'd all end up in a mental hospital. Besides, we've tried on numerous accounts to talk reason with him (before we knew how crazy and cruel he was [his wife, too]), but he and she have always refused to listen to the voice of reason and act civilly and politely. And so we've decided that will no longer stand to be harassed - enough is enough!

So.... the fence and camera it is then?

 

[Free_Advice]

The OP has a crazy old man neighbor, that's for sure.

The cops won't do anything but laugh.

And I hate leaf blowers ! Pick up the leaves lazy people !!!!!

I would put up some chicken wire on your property line ... its cheap & effective.

Just roll it up when winter starts.

And don't forget to play some Krokus when he's outside. I'm sure he would enjoy their smooth sounding music ! EAT THE RICH

 

[HomeGuru]

The OP has a crazy old man neighbor, that's for sure.

The cops won't do anything but laugh.

And I hate leaf blowers ! Pick up the leaves lazy people !!!!!

I would put up some chicken wire on your property line ... its cheap & effective.

Just roll it up when winter starts.

And don't forget to play some Krokus when he's outside. I'm sure he would enjoy their smooth sounding music ! EAT THE RICH

**A: but not the general chicken wire with the large spaces, install the one with the small mesh more like a screen than a wire.

 

[csi7]

I like the vacuum idea, especially if you have a lot of leaves to pick up. I just mow over ours with a bagger and then rake up the rest.

 

[Iceman313]

So.... the fence and camera it is then?

We're going to try to catch them in the act with technology to file a complaint.

We have trees half way up the yard, so he can't blow them back through that part of the yard. It's the part where there is no material border that poses the problem. Besides, it is not technically about leaves as it is the principle of the matter, or the harassment and intimidation, if you like.

Our family rakes our leaves periodically throughout the autumn (after each fair accumulation), but we're not going to rake leaves every time a few fall off the trees (they get their leaf blower out every time a leaf of ours falls onto their property with a look of murder). So never can he complain that we are in negligence of lawn care/maintenance (according to any specific borough ordinance).

Even though someone said that the cops may laugh if I file a complaint, it is still breaking the law according to research that I've gathered: once a natural product (like leaves) leaves my property, it becomes the responsibility of the yard or property in which it falls, should it do so. I lose all rights to it (if you hate leaves, live in a "treeless" area). So, in essence, a person cannot place something back onto my property which no longer belongs to me, even though my property was its source. It is not as if milk cartons had blown onto their yard, in which case they would have every right to throw them back onto my property as they would still be belonging to me (my trash not yet disposed of properly). But leaves, no: they are a natural product.


Don't forget that he is using leaves as a means to intimidate us and take away the ability to enjoy our property. That in itself cannot be legal if pushed.


They're breaking the law on two grounds:

1) vandalism with a natural product

2) harassment/intimidation with a natural product


Yes, it all sounds pathetic, but this man and his wife are heartless creeps and deserve payback for the abuse that we've endured over the past few years with them (and it continues on). We're done! We have a right to live on our property in peace as good, law-obeying citizens.

 

[Meganolia]

So have you resolved your old man issues??? i would suggest the following:

You should type a letter using the same words you have used in your posts.

Dear Sir and Madam:

Due to the nature of wind and God, my leaves that fall from my trees become your natural product.... etc...

Then send it certified return receipt requested.... he will have to sign for it before he READS what you have said.

Give him a deadline and then watch and record .... then send ONE more the same way ... and if he doesn't died before all that is over with...

take your documentation to the courts.... it's not a lot to file in small claims court...

I'm dying to hear what has happened since you posted in September 2011.

My mom is dealing with her back fence against an apartment complex and we were research free advice on how to keep the leaf blower yard boy from having my mom bag up 3 to 5 leave bags after they leave each week in the summer.

 

[TheGeekess]

You should type a letter using the same words you have used in your posts.

Dear Sir and Madam:

Due to the nature of wind and God, my leaves that fall from my trees become your natural product.... etc...

Then send it certified return receipt requested.... he will have to sign for it before he READS what you have said.

Give him a deadline and then watch and record .... then send ONE more the same way ... and if he doesn't died before all that is over with...

take your documentation to the courts.... it's not a lot to file in small claims court...

I'm dying to hear what has happened since you posted in September 2011.

My mom is dealing with her back fence against an apartment complex and we were research free advice on how to keep the leaf blower yard boy from having my mom bag up 3 to 5 leave bags after they leave each week in the summer.

Dude, don't necropost. The OP is LONG LONG gone and will probably not ever read your post.

 

[proud_parent]

Dude, don't necropost. The OP is LONG LONG gone and will probably not ever read your post.

To be fair, Iceman hath cometh 'round the forums fairly recently (about three weeks ago). Given his contentious history with this neighbor, he'll be back again.
https://forum.freeadvice.com/neighbors-boundaries-108/can-property-stakes-illegal-578972.html


Not sayin' he'll necessarily read this particular thread the next time he's here...

 

[ncchicken]

i think i would just be ashamed, if leaves from my trees were blowing into a 76 year old neighbors yard. and i did not clean them up myself.
and then to call it harrasment for blowing them back is extremly funny. it must be a sad street to live on, where neighbors are not neighbors, and hey the wind blew it over there now its your problem, hehehe. glad i dont live there. sad, sad indeed.