neighbor's trash/debris intentionally put on my property

[rigaton]

What is the name of your state? california

My neighbor's gardeners in LA go to the far northern edge of my neighbor's property and blow the debris, dust, loose papers, and leaves onto my yard, which is 60' to the south, weekly. I told the gardeners not to do it. THE reply was, "The leaves are yours." The reply was not entirely true; some of the leaves may have been from my tree, but many were not, and the papers, plastic wrap, and other trash was not mine. I told the gardener that he did not have a right to put such trash on my property. He smirked and shook his head in disagreement.

I told the gardener again to stop. His reply was 'make me.' I said, 'This may be a matter for the police.' He stood in my face and said in a menacing way, 'GO ahead and tell the Police. See what that gets you. You'll regret it.''

Does the gardener have a legal right to blow the leaves that specifically were from my trees back to my property?

Does the gardener have a legal right to blow other debris onto my property?

Do the gardener's actions qualify as defacing my property or littering or some other statute?

I am over 65; is his behavior elder abuse?

 

[quincy]

What is the name of your state? california

My neighbor's gardeners in LA go to the far northern edge of my neighbor's property and blow the debris, dust, loose papers, and leaves onto my yard, which is 60' to the south, weekly. I told the gardeners not to do it. THE reply was, "The leaves are yours." The reply was not entirely true; some of the leaves may have been from my tree, but many were not, and the papers, plastic wrap, and other trash was not mine. I told the gardener that he did not have a right to put such trash on my property. He smirked and shook his head in disagreement.

I told the gardener again to stop. His reply was 'make me.' I said, 'This may be a matter for the police.' He stood in my face and said in a menacing way, 'GO ahead and tell the Police. See what that gets you. You'll regret it.''

Does the gardener have a legal right to blow the leaves that specifically were from my trees back to my property?

Does the gardener have a legal right to blow other debris onto my property?

Do the gardener's actions qualify as defacing my property or littering or some other statute?

I am over 65; is his behavior elder abuse?

The gardener should not be blowing his client’s yard debris into your yard. You can report him to your neighbor, the gardener’s employer, and to the police.

His comment (“you’ll regret it”) could be viewed as a threat.

 

[rigaton]

The gardener should not be blowing his client’s yard debris into your yard. You can report him to your neighbor, the gardener’s employer, and to the police.

His comment (“you’ll regret it”) could be viewed as a threat.

Yes, I viewed it as a threat, especially in light of his body language. I have heard and read, though, that nowadays, without a video of an incident--any incident, for that matter--the LAPD would simply view the situation as 'he said, the other side said,' do nothing, and send me home.

 

[quincy]

Yes, I viewed it as a threat, especially in light of his body language. I have heard and read, though, that nowadays, without a video of an incident--any incident, for that matter--the LAPD would simply view the situation as 'he said, the other side said,' do nothing, and send me home.

What I have bolded above is certainly a possibility. I think the LAPD probably has enough to deal with without spending a lot of time or expending a lot of effort on a yard debris dispute. But it doesn’t hurt to have an official record of your complaint should matters between you and the gardener escalate.

I think reporting the gardener to your neighbor and, if the gardener is not self-employed, to the employer could be more effective.

If dealing with cleanup of the debris comes at a cost to you (e.g., you have to hire someone to clean up), you might consider a lawsuit to recover your costs, as well.

Good luck.

 

[not2cleverRed]

What is the name of your state? california

Do the gardener's actions qualify as defacing my property or littering or some other statute?

I would view this as illegal dumping, since it is the unauthorized disposal of (yard) waste on your property.
For more information on the topic, start at: https://cleanla.lacounty.gov/illegal-dumping/

The gardener is employed by your neighbor. Have you spoken to your neighbor?

I would not contact the LAPD for this.
I would make an incident report with Public Works: https://pw.lacounty.gov/general/faq...ory=Environment&ReqDivision=IDW&crossStreet=1

Yes, I viewed it as a threat, especially in light of his body language. I have heard and read, though, that nowadays, without a video of an incident--any incident, for that matter--the LAPD would simply view the situation as 'he said, the other side said,' do nothing, and send me home.

Do not engage any further with the rude, unprofessional gardener.

If approached threateningly, retreat and call 911.

 

[rigaton]

thanks. I do my own gardening, but for me to clean up my yard 1 day and then see it soiled week after week creates more work for me. I also admit that I expect the gardener to go out of his way to blow dirt, etc. onto my property next week for spite.


I will talk to my neighbor/his employer, as you suggested. THe neighbor is at work when it happens, so he does not know, unless he has a vidcam for security, but even then I doubt that he watches the whole tape of what happened during the 8 hours that he was gone. For all I know, he may side with the gardener. People in LA seem to lack consideration, courtesy, and empathy.

I will keep my distance from the gardener and refrain from informing the LAPD. THE PUBLIC WORKS suggestion is very intriguing and I will follow up on it. I was thinking along the lines of BUILDING and Safety, but this incident is probably not up their alley. I also wonder if the gardener is licensed as a business in city of LA, but I do not know who handles that realm and I do not have his name, so I cannot pursue it. I could get his license plate from my window, though, but I doubt that a city licensing agency would pursue a matter with only that info.

What really vexes me is the gardener's statement, after I pointed out the leaves/trash that he had strewn onto my property, that ''I don't work for you.'' Whether he was implying/suggesting that if I hired him, he would not blow the debris my way, I cannot prove, but I have a hunch that he was. I never thought that living peacefully in a house for more than 60 years would subject me to such abuse

 

[zddoodah]

It's a bit odd that you're phrasing these questions in terms of legal "rights."

Does the gardener have a legal right to blow the leaves that specifically were from my trees back to my property?

No, but neither is it illegal.

Does the gardener have a legal right to blow other debris onto my property?

No.

Do the gardener's actions qualify as defacing my property or littering or some other statute?

No.

I am over 65; is his behavior elder abuse?

Of course not.

I agree with the suggestion that you discuss the matter with your neighbor. You might also consider a fence in the area where this is happening.