tree ownership?

[Ian C]

Believe it or not I am not arguing

 

 

 

 

 

 

Oh and heres me thinking i was getting you wound up:001_tt2:

[educated arborist]

dean, i've allready posted the facts. If anyone needs me to proove it to them then they will have to pay as the references take too much time to fish out & send.

[Mesterh]

What if the neighbour was in australia for six months

 

Then I would be VERY suspicious.

 

More often than not the neighbours is more than happy that 'there' tree is getting pruned/felled, since averyone loves trees but not that one that blocks the light.

 

BUT, I have had a couple, not many, where the neighbour went berserk when I've mentioned that next door said it was ok to fell/prune that tree.

 

Also had plenty of the "I dont get on with them so can you just do it but not say anything"

[Dean Lofthouse]

I did a job last month

 

Prune back trees at the bottom of a garden at the edge of a woodland.

 

I asked who owned the trees as they were over the otherside of a 1 foot high border wall.

 

The guy assured me his boundary was halfway down a small slope just into the woodland.

 

Who owned the trees beyond I asked.

 

YEB he replied

 

Now I have established he owns the trees, do I spend a day phoning switchboard wallers putting me through to this dept and that dept to establish whether or not I think the guy is a liar

 

Or do I take his word for it, (no reason to doubt)

 

Then, and here is what I am trying to establish

 

Would I have been prosecuted for not knowing the facts

 

or him be prosecuted for knowing he didn't own the trees and misleading me

Edited February 5, 2010 by Dean Lofthouse

[Dean Lofthouse]

dean, i've allready posted the facts. If anyone needs me to proove it to them then they will have to pay as the references take too much time to fish out & send.

 

The facts I am after are detailed in the above post

[Mesterh]

By the way I'm all over arbtalk tonight as I finally got a broadband connection to the caravan that I live in.

 

Always knew you were a pikey:sneaky2:

 

Welcome to the 21st century:thumbup:

[Albedo]

Believe it or not I am not arguing, I'm trying to find out facts, I'm as keen as anyone to know where we stand. I fail to see how WE can be held responsible provided we have taken steps to establish tree ownership.

 

According to what we have established so far peices of paper with things written on are not worth the paper they are written on.

 

Fair enough Dean.

 

This is one that I frequently have that sinking feeling over, after the event, in that I could be deeply in the proverbial for not haveing checked something out.

 

In this case, if I have doubts in advance, I just walk away in order to avoid that horrible sinking feeling that you get.

 

 

Am I right in thinking that there is no statute law on trees except the one about overhanging branches, and everything else is based on precedent --- Educated Arborist ?????

[geoff]

I did a job last month

 

Prune back trees at the bottom of a garden at the edge of a woodland.

 

I asked who owned the trees as they were over the otherside of a 1 foot high border wall.

 

The guy assured me his boundary was halfway down a small slope just into the woodland.

 

Who owned the trees beyond I asked.

 

YEB he replied

 

Now I have established he owns the trees, do I spend a day phoning switchboard wallers putting me through to this dept and that dept to establish whether or not I think the guy is a liar

 

Or do I take his word for it, (no reason to doubt)

 

Then, and here is what I am trying to establish

 

Would I have been prosecuted for not knowing the facts

 

or him be prosecuted for knowing he didn't own the trees and misleading me

 

I dont think you would be prosecuted,but you could be sued by the real owner,dont matter whether you did it deliberately or in misinformed error.

Bit like if you have an accident causing damage,no deliberation,but you are still liable for damages.

[Stephen Blair]

dean, i've allready posted the facts. If anyone needs me to proove it to them then they will have to pay as the references take too much time to fish out & send.

 

thats not exactly the arbtalk spirit, if this was the case i would have a pretty big invoice from this place every week for the amount of info i get out of it:sneaky2:

[Stephen Blair]

If you were an employee dean and you went back to the boss and told him you made an on the spot decision because you didnt want to offend anyone you would get bagged, you quite simply say, ' i would need to see proof of ownership before i can go ahead, then i will gladly do the work' if they take the hump, then they probably know they are already in the wrong.