Homeowners warned your neighbour could land YOU a £50k fine over little-known rule
A TOP lawyer has warned that your neighbour could land you with a £50,000 fine under a little-known rule.
Law Society expert Sebastian Charles has revealed how homeowners could be slapped with a fine if your neighbour fly-tips on your property.
Under Section 33 of the Environmental Protection Act 1990, if you become a victim of fly-tipping it is your responsibility to safely dispose of the rubbish – and pay for it.
This is because it is illegal to keep controlled waste on unauthorised land, even if it wasn’t you who put it there.
Your council will normally take away the trash free of charge, although it has no legal obligation to do so.
But if you don’t dispose of the waste properly, you could be fined up to £50,000 – or serve a jail sentence in some cases.
Sebastian, who chairs the Law Society’s Planning and Environmental Law Committee, told The Sun: “The main waste offence is targeted at fly-tippers and makes depositing controlled waste an offence.
“However, innocent landowners can get caught out too because it is also an offence to ‘keep’ controlled waste on your land.
“So you might be a victim of fly-tipping but also commit an offence if you don’t clear away the waste fly-tipped by others.
“It isn’t the council’s job to clear away waste from private land.
“It might seem harsh but the reason is obvious – it is really difficult to catch criminal fly-tippers in the act and prove who deposited unlawful waste.
“If it was the council’s responsibility to clear up unlawful waste everywhere, criminals might dump waste on their own land, then claim it was dumped by someone else.”
Sebastian recommends making sure that any gardeners or builders whom you hire take rubbish to a legitimate waste site, and taking steps to secure your property against fly-tippers.
He added: “Penalties for waste offences are harsh, but catching offenders, with evidence that will stand up in court, is not easy.
“Generally large companies that you have heard of are not the cause of the problem and pay large amounts in licence fees and inspections.
“The problem is that small operators often don’t have money to pay fines or prosecution costs, even when they are caught.”
It comes after parents on Britain’s “most disgusting street” said they won’t let their kids play outside because of a 7ft mountain of fly-tipped rubbish infested with rats.
Fly-tipping isn’t the only way you can fall foul of the law in your garden.
From letting children bounce on trampolines to trimming overhanging branches, it’s easy to anger neighbours and important to know your and their rights as homeowners.
1. Trimming branches
If your neighbours tree’s branches hang over into your garden you’re allowed to trim them back – but only to the property line.
However, if you trim the branches back past this point and reach into your neighbour’s garden this can constitute trespassing and land you in trouble.
2. Collecting fallen fruit
Following the same idea, any fruit that falls into your garden is still your neighbour’s property.
This means you can’t collect it up and keep it for yourself without getting their permission first.
3. Keeping any tree trimmings
Tidying up your garden and clearing away any trimmed branches from the ground might seem straightforward enough but even this carries a potential risk.
If the branches come from your neighbour’s trees or bushes then they technically own them – even if you chopped them down.
But, you also can’t throw them into your neighbour’s garden as this counts as fly tipping.
Whilst it’s unlikely your neighbour will mind, it’s still best to check they don’t want the branches back for a bonfire or something.
4. Blocking natural light
If you’re planing on planting an extra tree in your garden you need to be careful it doesn’t affect the house next door.
Any window that has benefited from natural unobstructed natural light for more than 20 years must not be blocked by a tree and doing so could get you in trouble.
5. Having a BBQ
Often having a barbecue is a great way to get to know the neighbours by inviting them over, they can also become a source of tension for those with a strained relationship.
Neighbours can report a barbecue as a fire hazard or statutory nuisance and put you on the wrong side of the law.
6. Maintaining the fence
Fences are a long-standing source of tension between neighbours – the best rule to follow is that you are responsible for the fence on the right-hand side of your property if you have one on both sides.
But, every property is different so it’s wise to check what falls within your boundary.
If you’re unsure what falls within your property you can contact HM Land Registry for help.
7. Playing on a trampoline
Now a garden staple for most families, trampolines are a warm-weather highlight for most children and adults.
However, there is a chance your neighbours could complain by saying it is an intrusion into their private lives if they feel the trampoline is an excuse to peek over the fence or hedge into their home.
To dodge any conflict you should try and place your trampoline away from the boundary and educate anyone using it about the importance of privacy.
8. Enjoying a hot tub
Hot tubs are a firm favourite and add a bit of class and luxury to an outdoor area – plus they’re great for parties.
But, they can become an unwanted noisy nuisance to your neighbours if the party gets too loud or goes on late into the night.