tree ownership?

[educated arborist]

letter of the law: If the boundry is shared then the tree is a boundry tree & both neighbours must agree to any works other that the removal of branches overhanging the property (without significantly adversly effecting the tree) and you are culpable as a profesional tree surgeon. Unless the tree is dagerous without doubt.

[Dean Lofthouse]

and you are culpable as a profesional tree surgeon. .

 

I find that bit difficult to believe

 

A Tree Surgeon does not have access to deeds etc.

 

It's the responsibility of the neighbours to sort out not the contractor.

 

Thats like someone asking you to build on land they dont own, how can you possibly know

[Andy Clark]

Some good views gents, but unfortunately it's not as simple as people are making out.

 

Rik, if you go ahead and fell the tree, and it turns out to be the "other" neighbours tree, then it would be you who would be up in court and not your customer.

 

Put it this way, if your customer said they owned a shop, and asked you to put a brick through the front window............. ??? No brainer really.

 

 

I wouldn't bother playing mediator. As some of said, it can create a nightmare scenario where you end up getting stuck in the middle, having to play "softly softly" with both parties.........

 

 

Just get your customer to sort it out. Ask for written confirmation of ownership, which has been signed/dated etc by the "other" neighbour.

[Stephen Blair]

thats what i was trying to say, andy just had a better analogy:sneaky2:

[Dean Lofthouse]

Rik, if you go ahead and fell the tree, and it turns out to be the "other" neighbours tree, then it would be you who would be up in court and not your customer.

 

.

 

We are paid to take trees down not throw bricks through shop windows

 

Surely you can only be convicted of criminal damage if you KNOWINGLY take down a tree without the owners permission.

 

You are taking down a tree in the owners property who tells you that he owns this tree, why on earth would you show massive distrust and ask him to prove it

 

As a matter of course we would normally go round to the neighbours and explain we are carrying out works and although we may not need access could we enter into their premises if needed to clean up after ourselves.

 

Any problems would be uncovered at that point, not by asking the tree owner to prove ownership

[Stephen Blair]

why take the time and effort dean to MAYBE have a wasted journey, asking someone to prove they own the tree isnt a massive distrust, it is a very simple request. its just like asking for ID, you must have been very lucky to have not come across a chancer mate, jeeez i have had it loads of times, some folk in this world are out there to use folk, plain and simple. I have been caught up in situations that could have been very less stressfull and costly in time and wages, if i had simply asked to see the deeds or a letter of consent from a nirghbour.

[geoff]

We are paid to take trees down not throw bricks through shop windows

 

Surely you can only be convicted of criminal damage if you KNOWINGLY take down a tree without the owners permission.

 

You are taking down a tree in the owners property who tells you that he owns this tree, why on earth would you show massive distrust and ask him to prove it

 

As a matter of course we would normally go round to the neighbours and explain we are carrying out works and although we may not need access could we enter into their premises if needed to clean up after ourselves.

 

Any problems would be uncovered at that point, not by asking the tree owner to prove ownership

 

I just wouldn't trust the word of the neighbour, some folk love a claim on your insurances,best on paper IMO.

[Dean Lofthouse]

If you took your car in for a service and they asked you to bring in your v5 to prove it was your car, wouldn't you find that rather strange?

 

You know when someone is trying to fleece you, I am pricing one tomorrow that wants more taking off than the planning allowed.

 

Rik must have reason to doubt to ask the question in the first place, the customer must have intimated the tree wasn't fully his in some way. But if you ask and he says it is, that really should be your obligation fulfilled

 

I'm not arguing whether he takes the hassle on or whether he'll get paid, I'm arguing the facts in this senario

[Stephen Blair]

If you took your car in for a service and they asked you to bring in your v5 to prove it was your car, wouldn't you find that rather strange?

 

 

 

this is now the case dean, you need to show your log book for an mot up with us now, its not exactly a hassle.

[geoff]

You may be right,I just don't trust the law not to be an ass.