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WA Property Law - Can Neighbour Throw Leaves Back to Tree Owner's Yard?

Discussion in 'Property Law Forum' started by scorpiosting, 13 January 2016.

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  1. scorpiosting

    scorpiosting Member

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    Can a neighbour throw any leaves blown into their property by the wind, from a neighbouring tree back, over the fence? The WA Legal Aid pamphlet says you can cut the over hanging branches and that any fruit, flowers growing on the branch that you cut, must be returned but it is not clear if you are allowed to throw the wind blown leaves back as well.

    I am getting conflicting answers: some say the wind is an act of god & the tree owner cannot control the wind blowing the leaves but others say the leaves belong to the owner of the tree & can be thrown back, which is correct? And can anyone cite any WA legal cases of Property Law regarding this situation?
     
  2. Sophea

    Sophea Well-Known Member

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    If the tree dropped leaves directly into the yard, I would think they can return them to the tree owner, however, if they are simply blown into the yard and the tree is not overhanging their property and dropping litter directly into their yard, I would think not.
     
    scorpiosting likes this.

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