Neighbor blows leaves into yard - is this legal or proper?

[stanke]

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

Three overall issues, all with the same neighbor, I'll only detail one here.

I have three trees which are near our shared property line in a covenant restricted subdivision.

Due to the nature of branches and wind, leaves will be in both yards.

I have a difficult neighbor who blows all of the leaves into my yard, sometimes disrupting my mulch beds by using his leaf blower with such force that it sends leaves and mulch into my grass.

I've done some searching but I'm not sure where the law lies in cases like this; whether it's the return of property (leaves) or if leaves blowing in the wind is an act of nature.

Any advice is appreciated!

Thank you,

Scott

 

[TimStudiesLaw]

They're your leaves, he's giving them back. Kind of a jerk move, but not illegal.

 

[FarmerJ]

I cant help but wonder if your city /community has a ordinance that is broad enough regarding littering or illegal dumping that your neighbors acts would be in violation of that law? do any of the abutting properties along his other lot lines have trees that are close enough to the lot lines that with enough wind leaves from those trees could end up on his lot too. Also what is he gonna do when and if a tree limb that extends over his lot line drops leaves or has a limb break off and land on his property ? the same thing ? It may seem like being petty but if your community has a broad enough anti littering ordinance you might just want to mail him a copy of it. Otherwise I cant help but wonder if you were able to get a video of him doing this maybe you could share it on a bad neighbors type of web page.

 

[FarmerJ]

BTW I was stunned at how many hits I found when using search engine for neighbors from hell, bad neighbors.

 

[LdiJ]

They're your leaves, he's giving them back. Kind of a jerk move, but not illegal.

Sorry, but that is not correct. Leaves falling are an act of nature and they do not "belong" to the owner of the tree. On top of that, the damage that the neighbor does to the OP's flower beds is actionable.

 

[justalayman]

They're your leaves, he's giving them back. Kind of a jerk move, but not illegal.

Actually not correct. What falls from a tree belongs to whomever's yard it falls in to BUT unless there are laws in place regarding preventing leaves in your own yard from blowing into another's yard (by natural means) they become the neighbors property once they blow into the neighboring yard.

Yes, it is unlawful to blow your leaves (or rake them or otherwise deliver them) onto your neighbors property. It is a trespass.



In addition, the neighbor , he could be charged with the crime involved (probably trespassing and maybe damage to property if it actually causes damage)

 

[TimStudiesLaw]

Sorry, but that is not correct. Leaves falling are an act of nature and they do not "belong" to the owner of the tree. On top of that, the damage that the neighbor does to the OP's flower beds is actionable.

Actually not correct. What falls from a tree belongs to whomever's yard it falls in to BUT unless there are laws in place regarding preventing leaves in your own yard from blowing into another's yard (by natural means) they become the neighbors property once they blow into the neighboring yard.

Yes, it is unlawful to blow your leaves (or rake them or otherwise deliver them) onto your neighbors property. It is a trespass.



In addition, the neighbor , he could be charged with the crime involved (probably trespassing and maybe damage to property if it actually causes damage)

I'll take my lumps on this one, and apologize for giving incorrect advice.

 

[quincy]

but how is that fair? The neighbors don't get any of the luxury of owning a tree, but all of the burden.

This thread is from 2016. If you have your own legal question, please start a thread.

Otherwise, you can enjoy reading the threads in the archives but please do not make additions.

Thanks.