I trees on my property that drop leaves onto my neighbors property. He will blow all of the leaves back onto my property. Aren’t the leaves that blow onto his yard his responsibilty? Isn’t that an ‘act of god’?

My neighbor is a nasty, anti-human, anti-pet, anti-tree, anti-nature person. He bought outdoor speakers and turned them toward our house three years ago. He blares his music to annoy us. We have asked him repeatedly to turn down the music. He has admitted that he does it to annoy us. He has placed dog poop on our front step, coming to the conclusion that it was our dog’s poop. He admitted doing it. And he has threatened the welfare of our dog…stating something may happen to her if he finds poop on his yard again. He is now blowing big piles of leaves onto my property. He waits for me to finish doing the my yard then goes out and does it.

Asked on September 26, 2017 under Real Estate Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, if the leaves are truly from your trees--and that's the big issue, obviously; where they are from--he can "return" them to you. Your leaves are your property or your garbage, depending on how you look at it; you have no more right to cause or allow them to go onto his yard than you to drop our recycling on his yard.


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