Weeds invading from a neglected neighbouring garden can be extremely irritating. However, in the majority of cases there is very little a person can do to prevent their neighbour’s weeds from spreading into their own garden.
Some times a friendly chat with the neighbour or the installation of a weed barrier along the boundary may resolve the problem.
However, it may be easier to resolve problems regarding piles of rubbish in a neighbouring garden as local authorities have specific statutory powers in relation to litter.
Can a neglected garden amount to a nuisance?
If the state of neglect of the neighbour’s garden is considerable and the problem persists it may amount to a “nuisance”.
There are 2 types of nuisance, a “private nuisance” and a “public nuisance”.
A private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or connected with the land.
A public nuisance is an unlawful act or omission which endangers or interferes with the lives, comfort, property or common rights of the public. There are a number of pieces of legislation which deal with particular types of public nuisance including the Environmental Protection Act 1990 and the Clean Neighbourhoods and Environment Act 2005.
Occupiers of land can be prevented, under the Weeds Act 1959 (as amended) from allowing the spreading of certain types of weeds (known as “injurious weeds”). The following types of weed are covered by the Act:
creeping or field thistle;
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