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Fallen oak advice please


Basia1979
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9 hours ago, Khriss said:

In a way- every 'householder ' post on Arbtalk ' with a queries ' is getting, in some cases a vast amount of technical and background knowledge For Free.

In a way it's a bit cheeky cos there is some Arb out there missing out a call or Site visit to assess a job or act as advisor (   AND get paid for it to put a loaf on his / her table )

 

Worth bearing in mind .   K

 

But I often use other forums to glean expert knowledge, fishing lakes, fixing oven doors and a myriad of other issues, people give their advice free and I offer mine free on here (for whatever it’s worth) 

 

I like to think that I’m paying back a bit for the advice others have given me elsewhere.

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11 hours ago, kevinjohnsonmbe said:

I’ll go out on a limb then.....

 

You've had your pants royally pulled down!

 

The tree surgeon is a chancer that knew full well he wasn’t dealing with the tree owner and any invoice he wants to draw up is due to the person that engaged him - there’s no contract with you. Actually, he’s stolen your property and possibly trespassed  whilst doing so. 
 

The farmer is in similar territory. 
 

So you weren’t on site. ‘Reasonable’ would have been sever the stem and push the tree to one side for you to deal with at your discretion (and expense) later. That would have been a bottle of malt as a thank you 
 

Yes, it may have cost +/- £850 - £1000 to sort later, or it might have cost £0 if left to naturally decompose but that would have been YOUR decision. 
 

What’s done is done, Id agree the hassle of getting heavy about it now is likely more trouble than it’s worth - but if such liberties are not highlighted, discussed and resolved they are guaranteed to continue. 
 

The farmer needs telling that he doesn’t enter or act beyond his own land and the tree surgeon should be told that he’s stolen your timber, can send his invoice to his mate and expect no future work or recommends. 
 

Unless resolved, you should expect similar liberties in the future. 
 

It’s a load of pony what’s been written above about feeling ‘obliged’ to them....

 

 Could you post up your address? Next time I’m passing I’ll just nip indoors, make myself a sandwich, kick my boots off, put my feet up, pour myself a beer and watch your TV.  Then, if you’re not happy, I’ll offer to bill you for my time and effort

was thinking along the lines of theft by conversion but, having just had a read, it seems Criminal Damage Act 1971 is a better fit.  Mynors 13.7

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If Mrs Miggins posted up a picture of that tree laying across the road and advertised it as free timber to anyone willing to remove it we would all be taking the piss. That said most farmers who happened across a tree like that blocking the road would have it dozed into the ditch with a telehandler in five minutes. Something is not right but who cares ?

 

Bob

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6 minutes ago, aspenarb said:

If Mrs Miggins posted up a picture of that tree laying across the road and advertised it as free timber to anyone willing to remove it we would all be taking the piss. That said most farmers who happened across a tree like that blocking the road would have it dozed into the ditch with a telehandler in five minutes. Something is not right but who cares ?

 

Bob

Kind of my thoughts too tbh.

 

Just realised the op references a storm that took place in February - this has been dragging on a good while. I’d imagine there is quite a bit more to the story than we know about. Ownership of the track/its use etc has been contentious I reckon!... 

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Kind of my thoughts too tbh.
 
Just realised the op references a storm that took place in February - this has been dragging on a good while. I’d imagine there is quite a bit more to the story than we know about. Ownership of the track/its use etc has been contentious I reckon!... 
Missed that it was Feb, explains about the leaves though.
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