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Legality


thearborist
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OK, something for the legal begals out there.

 

Can a TPO be overridden if it is causing a nuisance and if so is it the council that deems it or the contractor?

 

I think the phrase is 'actionable nuisance', e.g. a branch from a TPO tree crosses a property boundary and impacts, and rubs, of the roof-tiles etc. (thereby potentially causing damage / harm.)

 

Further, the nuisance exemption cannot apply to the same property, i.e. from where the tree grows (meaning a tree cannot be a nuisance to its owner.)

 

If in doubt I would recommend seeking agreement with the LPA / Council and/or taking further advice, e.g. arb consultant (with experience in TPOs and legal stuff.)

 

Cheers.

Paul

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I am surprised that they have never lifted the flags/ taken steps to further identify the problem and to check for any root presence.

 

We would not do any work on the tree unless they could prove an actionable nuisance and it would also be down to the owners to get advice from a reputable Arb Consultant to prove any incursion, obviously if it was proved that we have been negligent then costs would be refundable via the Council Insurance Services.

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I am surprised that they have never lifted the flags/ taken steps to further identify the problem and to check for any root presence.

 

We would not do any work on the tree unless they could prove an actionable nuisance and it would also be down to the owners to get advice from a reputable Arb Consultant to prove any incursion, obviously if it was proved that we have been negligent then costs would be refundable via the Council Insurance Services.

 

Sounds like you might know more than has been revealed thus far..... :biggrin:

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Something something Charles Mynors something something branch just needs to overhang or root something something grow under the boundary to become a nuisance and able to be pruned as an exception.

 

Just needs to be tested in court according to him, which it almost was once.

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