Neighbouring Trees and TPOs

[Derek Eames]

Good Evening All

 

Interesting question. If trees on a property are protected by a TPO but the neighbouring property isn't does this mean that the neighbour may prune back to the property boundary without application?

[Treerover]

Absolutely not . The tree is protected in its entirety from root to shoot tip and any disturbance or wilful damage or unlawful pruning is criminal damage and punishable by law .
I’d suggest Googling the caveats and wherewithal’s of TPO’s and it’s impacts on the breacher of said order .

[kevinjohnsonmbe]

22 minutes ago, Treerover said:

Absolutely not . The tree is protected in its entirety from root to shoot tip and any disturbance or wilful damage or unlawful pruning is criminal damage and punishable by law .
I’d suggest Googling the caveats and wherewithal’s of TPO’s and it’s impacts on the breacher of said order .

😂😂😂  Here we go.....

 

 

[kevinjohnsonmbe]

37 minutes ago, Derek Eames said:

Good Evening All

 

Interesting question. If trees on a property are protected by a TPO but the neighbouring property isn't does this mean that the neighbour may prune back to the property boundary without application?

There certainly are circumstances where a person, not being the owner of a tree which is subject to TPO, may undertake work to the tree without recourse to anyone’s consent. 

[Derek Eames]

This is very significant and very interesting. Do we have any law case precedent or principle to support? Many thanks.

[kevinjohnsonmbe]

21 minutes ago, Derek Eames said:

This is very significant and very interesting. Do we have any law case precedent or principle to support? Many thanks.

There was such a vacuum created by the multiple sharp intake of breath by the collective TO fraternity at the Mynors Barcham Trees seminar when this subject was broached - and the myth shot to, well, you know - that I think my ears popped 😂

 

Just search "actionable nuisance" and set yourself about 3 weeks aside to read previous discussions - a selection attached below:

 

 

 

 

 

 

[Khriss]

35 minutes ago, Derek Eames said:

This is very significant and very interesting. Do we have any law case precedent or principle to support? Many thanks.

No.... But yr very welcom to provide it.    K

[Con]

I'll get a beer for this one

[kevinjohnsonmbe]

9 hours ago, Khriss said:

No.... But yr very welcom to provide it.    K

It’s what we’re all waiting for 😂

[kevinjohnsonmbe]

3 minutes ago, Con said:

I'll get a beer for this one

It’s a re-run! All been done before 😂