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Old 06.06.2019, 19:31
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Neighbour + weeds

Last year we noticed our neighbour has a patch of horsetail weeds growing in his garden close to ours. As horsetails are horrible things, which push roots underground, then spread and will not die until killed 7-8x (this is why they have suvived since the Jurassic period), we asked him to kill them off, which he kindly did by spraying a couple of times, but this was not sufficient as he stopped before they were fully exterminated.

Now this year they are spreading onto our property. If they reach our patio they will destroy it as they push through cement, gravel, tarmac etc. We have asked the neighbour nicely to get the work done, and have offered to organize a gardener to do the work, but he has so far refused to pay. Next step is to given him a letter kindly asking him to agree to a solution within a week.

I do not want to get into a dispute with the neighbour, but equally I do not want to be rebuilding my patio because he can't be arsed to control weeds which grow from his garden.

The Swiss civil code appears to suggest mutual duty of consideration (684), duty of payment (998) and injunction (679CC). Does anyone have the necessary legal experience to know exactly what I should expect from my neighbour?
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Old 06.06.2019, 19:33
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Re: Neighbour + weeds

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Last year we noticed our neighbour has a patch of horsetail weeds growing in his garden close to ours. As horsetails are horrible things, which push roots underground, then spread and will not die until killed 7-8x (this is why they have suvived since the Jurassic period), we asked him to kill them off, which he kindly did by spraying a couple of times, but this was not sufficient as he stopped before they were fully exterminated.

Now this year they are spreading onto our property. If they reach our patio they will destroy it as they push through cement, gravel, tarmac etc. We have asked the neighbour nicely to get the work done, and have offered to organize a gardener to do the work, but he has so far refused to pay. Next step is to given him a letter kindly asking him to agree to a solution within a week.

I do not want to get into a dispute with the neighbour, but equally I do not want to be rebuilding my patio because he can't be arsed to control weeds which grow from his garden.

The Swiss civil code appears to suggest mutual duty of consideration (684), duty of payment (998) and injunction (679CC). Does anyone have the necessary legal experience to know exactly what I should expect from my neighbour?
You are joking, are you? Control your own weed?
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Old 06.06.2019, 19:40
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Re: Neighbour + weeds

Did he plant them?

Otherwise, fat chance.

Tom
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Old 06.06.2019, 19:42
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Re: Neighbour + weeds

Did you read the bit where I described how horsetails grow?

I can kill the bits above ground all I like, but they will just keep coming back up like wac a mole unless he kills the established root network on his side of the fence.
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Old 06.06.2019, 19:45
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Re: Neighbour + weeds

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Did you read the bit where I described how horsetails grow?

I can kill the bits above ground all I like, but they will just keep coming back up like wac a mole unless he kills the established root network on his side of the fence.
Yes, I read it.

But why should your neighbour pay for your side? Ask him to get rid of the stuff on his side, you take care of yours. And done.
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Old 06.06.2019, 19:49
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Re: Neighbour + weeds

I see your point, but when the weeds were growing on his side of the fence he controlled them. But did not do a proper job, and allowed them to spread.
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Old 06.06.2019, 19:51
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Re: Neighbour + weeds

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I see your point, but when the weeds were growing on his side of the fence he controlled them. But did not do a proper job, and allowed them to spread.
No, you allowed them to spread on your side
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Old 06.06.2019, 19:55
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Re: Neighbour + weeds

It appears the only way this will be done to your satisfaction is if you pay said gardner to kill the weeds on their property. I am sure if you ask nicely your neighbours will agree.
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Old 06.06.2019, 19:57
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Re: Neighbour + weeds

Haha ;-) Maybe i will suggest we split the bill according to the number of stems on each property. I will pay maybe 1% max.
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Old 06.06.2019, 19:58
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Re: Neighbour + weeds

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I see your point, but when the weeds were growing on his side of the fence he controlled them. But did not do a proper job, and allowed them to spread.
When you figure out how to prove beyond any doubt that the weeds growing in your garden could not have come from another other possible source go talk to a lawyer.

Alternately you could just be practical, sort out what is in your garden and ask them to do the same. Probably cheaper in the long run.
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Old 06.06.2019, 20:02
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Re: Neighbour + weeds

Weeds are weeds, are naturally occurring, and nobody is obliged to do anything about them here.

Tom
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Old 06.06.2019, 20:44
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Re: Neighbour + weeds

Ask you r lawyer friend, i'm sure she'll draft you a nice letter
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Old 06.06.2019, 20:53
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Re: Neighbour + weeds

If the concern or spreading is at root or below ground level, then you could likely dig down on your side of the garden and place a barrier underground to prevent invasive roots if that is your concern.
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Old 06.06.2019, 21:17
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Re: Neighbour + weeds

Why not to talk to the neighbor and resolve it in amicable way? Then you can smoke all that weed manifesting joy and happiness resulted from reaching an agreement. Good luck!
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Old 06.06.2019, 21:37
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Re: Neighbour + weeds

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I do not want to get into a dispute with the neighbour, but equally I do not want to be rebuilding my patio because he can't be arsed to control weeds which grow from his garden.
Golden tip:

If you would control the weed in your garden (which you probably don't do, else you would have no problem) there is need to rebuild your patio.
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Old 06.06.2019, 23:10
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Re: Neighbour + weeds

You say that you don't want to get into a dispute with your neighbor, yet you are quoting legalese, preparing to go to battle.

Why not take a step back, ask yourself: Is creating eternal emnity between neighbors, with escalating ugliness that can last for decades, really the way you want to go?

I'd urge you not to go down that path, for your own sake. Neighborhood harmony is a fragile, precious thing. He who fires the first shot in a Nachbarkrieg often finds it boomerangs back with a vengeance.

Is horsetail weed really the hill you want to die on?

---

Weeds are a right pain, that is true. As a fellow gardener, I empathize. But native weeds are, well, part of Mother Nature's landscape. She decides where they end up.

While Equisetum arvense (horsetail weed or Acker-Schachtelhalm in German) mostly spreads by rhizomes, be aware that it also send out spores. Which can end up anywhere and everywhere.

Given that horsetail weed is widespread here, found in every field, meadow, garden and random green spot the length and breadth of Switzerland, the plants in your garden could have come from anywhere. Including even the possibility that leftover underground rhizomes from your garden invaded his to start the cycle off. Who can say?

The advice given around here is to simply mow horsetail weed to keep it in check. The other methods are actually frowned upon here in my little bit o' Switzerland; herbicides can be environmentally problematic, digging can actually make the problem worse, as fractions of the rhizome will still spread.

---

It might be more effective in the long run take the high road. Keep your garden as you see fit, leave your neighbor to do the same in his. And some nice summer evening, invite him for a glass of wine on the patio. Who knows, common ground and mutually acceptable solutions might be found through friendly neighborliness.

Il faut cultiver notre jardin. Literally and figuratively.
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Old 06.06.2019, 23:14
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Re: Neighbour + weeds

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Golden tip:

If you would control the weed in your garden (which you probably don't do, else you would have no problem) there is need to rebuild your patio.



Translation anyone?
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Old 06.06.2019, 23:17
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Re: Neighbour + weeds

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Yes, I read it.

But why should your neighbour pay for your side? Ask him to get rid of the stuff on his side, you take care of yours. And done.



I think MrFish already explained but several here aren't able to comprehend.


Still, if the neighbour doesn't think it's his problem then it's MrFish's.
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Old 06.06.2019, 23:24
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Re: Neighbour + weeds

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When you figure out how to prove beyond any doubt that the weeds growing in your garden could not have come from another other possible source go talk to a lawyer.

I think that wouldn't be difficult to achieve but I'm not sure going to a lawyer would actually help much.
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Old 06.06.2019, 23:26
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Re: Neighbour + weeds

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Did you read the bit where I described how horsetails grow?

I can kill the bits above ground all I like, but they will just keep coming back up like wac a mole unless he kills the established root network on his side of the fence.

Probably regular herbicide treatment would be the best (or only) solution.
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