Residents of a house in Nottinghamshire say they were “sickened” by the sight of their neighbours’ overgrown garden after years of neglect.
Mandy Evans, 59, moved into the Newark property with her friend Fredrick Western, 71, about two years ago and discovered the garden next door had already started to encroach on theirs. Evans said the “disgusting” mess has now grown six feet tall and peers into his garden.
She contacted Newark and Sherwood District Council to ask for support with the situation, considering the property is a council house and the residents are believed to be a couple in their 80s. But Evans accused the council of doing a “cowboy job” when they visited her a year and a half ago, and she was only able to gain access from her garden because it was impossible to walk around.
Evans was planning to move the old fence that divided the houses, but needs her neighbors’ garden cleaned before she can do any work. But she says the council has done nothing to resolve the garden problem that is affecting her property in Staunton Road.
Evans said: “This whole situation is making me sick, I definitely feel let down by the advice. Two years later, it is almost six feet tall, the whole garden is disgusting.
“Something needs to be done because, in the end, it will damage our fence. It’s coming through the fence, underneath and everything, it’s peeking out and it’s our space.
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“We have animals and the mulberry trees are very thorny. We have no choice but to trust the council to do this for tenants.”
Lee Brazier, Portfolio Holder at Newark and Sherwood District Council, said: “At District Council, we take our responsibility to our tenants extremely seriously. We are aware of the situation and due to GDPR legislation we are unable to comment on specific cases and individuals.
“As is often the case with these types of things, there are some ongoing circumstances in which our excellent team are supporting tenants. I am confident that our tenant team is doing everything it can to support those involved.”
How can I complain about my neighbor’s garden?
An untidy garden can be annoying – but there’s not much you can do about it. However, if you believe that your neighbor’s garden has gone from untidy to overgrown, you may be able to take a legal route to resolving the problem.
A simple conversation with your neighbor should be your first line of action. They may not be able to solve the problem themselves or they may not be able to pay someone to do it. It may still be possible to reach an agreement without the problem getting worse.
If a neighbor simply refuses to cut back their overgrown garden, you may be able to take the matter further – especially if the overgrown garden causes problems on your property. It may be that overgrown trees or weeds are a public nuisance – in which case you can report this to your local council’s Environmental Health department. They can then take legal action under the Environmental Protection Act 1990 and the Clean Neighborhoods and Environment Act 2005.
You could be prosecuted for trespassing if you try to act alone. However, you have the right to prune or remove anything that encroaches on your side of the border. The law states that you must return clippings to your neighbor before disposing of them.
Some trees may be subject to conservation orders and so you could be fined if you remove anything other than dead wood. In this case you would need permission from the council.
