Advice needed!

[Gary Prentice]

18 minutes ago, openspaceman said:

I wonder if it is covered by the party wall act, which normally gives one the right to access your property to do maintenance work where not feasible otherwise.

As I've little much else to do I'll do some reading on that. Good thought.

[Yournamehere]

1 minute ago, Yournamehere said:

Ooh! Easements and quasi easements regarding free light and drainage?

I am not a Lawyer.

... which when produced and closer relacon thereunto being had will more clearly and at large appear!

 

I love that shit.

HD

Y

[openspaceman]

5 minutes ago, Gary Prentice said:

As I've little much else to do I'll do some reading on that. Good thought.

Well I was busy and should get back outside to change some ram seals but:-

 

It's not the party wall act as that only covers walls

 

it may be

 

Access to Neighbouring Land Act 1992
1992 CHAPTER 23

An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

[Gary Prentice]

2 minutes ago, openspaceman said:

 

 

Access to Neighbouring Land Act 1992
1992 CHAPTER 23

An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

I wonder if that would extend to access trees on that land. Might be a stretch but I'll have a read.

[Paul in the woods]

One thing I'm not sure if I missed in these sort of questions is how can you be confident of the exact location of the boundary? I know in many properties it's going to be fairly obvious but in others how can you be sure?

[Gary Prentice]

I guess in the absence of a fenceline, which one would presume to be in the right place, you'd have to proceed with a great deal of caution and definitely not rely on the client saying "it's there" and pointing. 

When there is no clear existing boundary and its position can't be agreed by both parties, maybe it's time to walk away. 

 

The real answer is that you can't be sure. Land registry maps are easy to get hold off but the line on a plan when scaled up is probably a metre or more in width. And you know that that metre is going to cause argument when it comes to the extent of pruning. 

[Haironyourchest]

Just been reading up on British trespass law on Wikipedia. _Unjustifiable_ entry into land is trespass. I wonder if it would be enforceable if the entry - into the tree in this case - if justifiable, which it clearly is.

[Stubby]

38 minutes ago, Haironyourchest said:

Just been reading up on British trespass law on Wikipedia. _Unjustifiable_ entry into land is trespass. I wonder if it would be enforceable if the entry - into the tree in this case - if justifiable, which it clearly is.

Would be a hoot if the boundary was established and the tree was found to belong to the other party .  ?

[Gary Prentice]

Reading wiki, I take it that justifiable just means those with a legal right of entry, such as the Police and statutory undertakers such as gas and levy. 

 

I doubt whether it extends as ends as far as the arb accessing the land and tree to prune overhanging limbs. Although LA arbs can enter land where ownership can't be established to do works under the provisions of the Highways Act 

 

i might be be totally wrong but that's my thinking.

[Stubby]

Next time you see him get the gas man to do it . ?