Lawyer explains what happens when neighbour's leaves fill your garden

A lawyer has explained what your rights are when your garden fills with leaves from your neighbour's tree. As Autumn approaches, trees begin to lose their leaves, which will be scattered across parks, streets and gardens as we get closer to winter. While they often create beautiful scenes as areas appear golden brown as they become covered with fallen leaves, they can also cause a bit of a nuisance when there are too many of them in your garden.

A neighbourhood dispute that might pop up from time to time is to do with fallen leaves from a tree. While a tree might be in your neighbour's property, its leaves can end up in your outdoor space. This could be because of the way the wind blows or if the tree hangs over your garden. A lawyer has explained the existing laws around this and what can happen if you grow frustrated with your neighbour's leaves ending up in your garden.

Alysia Leigh, who works in the dispute resolution team at Stephensons Solicitors LLP, revealed what you can and cannot do if this issue arises. She referenced a video that went viral, showing one person throwing a bunch of leaves from their neighbour's tree over the property boundary.

She reveals that the leaves would legally constitute a trespass onto your property, and you are entitled to remove them or even return them to your neighbour. However, this might cause more tension than it is worth.

"Are you going to have a neighbour dispute and consider court over some fallen leaves?" she says. "With the wind and various other factors, it is inevitable that leaves (and even other debris) may get blown around and end up in your garden, even when you have no trees yourself."

While it might technically be trespassing, Alysia says that it might be best to let it slide. She says: "We would always recommend taking practical steps before taking legal action, which arguably would include picking up the leaves and returning them to where they came from.

"But in reality, this is just causing more stress and work for yourself and potentially antagonising your neighbour. It is true that not everyone wants fallen leaves in their garden. They can be messy, slippery and just plain annoying, but in reality, the easiest thing to do would be to just pick them up and put them in the bin. Trespass or not, it really is just a leaf."

When leaves fall from a neighbour's tree, they are not legally required to remove them, unless you can prove they have caused damage, such as clogged drains. However, you can return them to their property. While you might have the right to do so, it may not be worth causing tension with your neighbour, Alysia says.