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Neighbour spraying weedkiller into garden, Police say no crime committed?

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  • Neighbour spraying weedkiller into garden, Police say no crime committed?

    This is my first post here so hi

    Yesterday afternoon, I spotted my neighbour spraying weedkiller into my garden. She was standing in her garden next to the shared boundary fence, spraying directly onto the plants in my garden. When I challenged her, she said she wasn't doing anything wrong and that there was nothing I could do about it.

    The police officer I spoke to was initially helpful, offering to go and have a word, etc. but after consulting with his Sergeant, told me that as there was no evidence of any wrongdoing (I couldn't film because of privacy), no crime had been committed and they wouldn't be pursuing the complaint. I wasn't given an incident number.

    Are the Police correct and is there anything else I can do?

    Thanks in advance.
    Tags: None

  • #2
    If it is weedkiller possibly doing you a favour ?. won't kill plants from my experience, just nasty neighbours.

    Comment


    • #3
      There is no reason you should not film her leaning into your garden.

      Comment


      • #4
        You may bring a claim in nuisance for damages - assuming damage has been done.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          There may be a criminal damage charge, but it is a little more difficult with plants.

          Comment


          • #6
            Some weedkillers are known carcinogens and/or highly toxic thereby endangering your life. A good argument for attempted murder, no?

            Contact the HSE (Health and Safety Executive) to see if any health & safety laws are broken.

            On page 53 of this document https://www.hse.gov.uk/pesticides/re...lete20Code.pdf states:

            "You must make sure that the pesticides you apply are targeted at the land, crop, structure, material or area you want to treat. Pesticide drifting off target can cause problems between pesticide users and their neighbours."

            ETA:

            On page 54:

            "By law, you do not have to leave an unsprayed buffer zone between a treated area and neighbouring property. When you spray right up to a neighbour’s boundary you increase the risk of the pesticide going onto their property. You must not allow spray to drift onto their property as the law states that any person who uses a pesticide must confine the use of that pesticide to the land, crop, structure, material or other area being treated."
            Last edited by Hot_Juice; 31st July 2022, 22:05:PM.

            Comment


            • #7
              This is a relevant news story.

              https://www.walesonline.co.uk/news/w...weeds-15457749

              Comment

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