tree ownership?

[Albedo]

Always knew you were a pikey:sneaky2:

 

Welcome to the 21st century:thumbup:

 

Yup, undercover mate --- Wait till you see my rig Its a bit weird and scary here in the 21st century, I might have to go back:blushing:

[educated arborist]

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:

 

Ha Ha if you wan't to devote a whole days work (& use up some favour you have with some very busy people) to write an arb talk post then be my guest:001_tt2:

 

deans morals are honourable & if there was so much as a glint of hope for him getting off this hypothetical missfortune then i would have pointed out the wee loophole which might be worth testing. Many legal firms which i deal with will offer three case handleing cost projections pre-apraisal for example >80% apraised success £30,000 <80%>50% £80,000 >50 not all the money in the world!!

and dean would be subject to the later

Edited February 5, 2010 by Amelanchier
watch the language in future or get deleted!

[Mesterh]

 

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

 

It would be us I bet.

 

I base this on a case where a tree company where fined for felling some tpo'd trees.

 

Now the work was for a large building contractor who 'should' have gotten permission and then got the tree man in.

 

The judge ruled that the tree firm where responsible since they are the professionals in regards to tree work where the construction company arent.

 

So I would assume that in this case Rik is the pro and the customer is a numpty if it goes t*** up.

[Dean Lofthouse]

I think this is a difficult one

 

If we are going by land registry, then any trees near a border, even if they were within the customer fence, might still not be his

 

What I am trying to say is how the hell can we prove tree ownership there will be cases as in my woodland edge example where everything isn't quite as simple as asking the neighbour

 

I can honestly say I have never had a serious problem because I have always done just as been said, I go next door and inform them of intended works, which is in effect their opportunity to express any concerns.

[Dean Lofthouse]

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.

 

How would they prove ownership stevie?

[Stephen Blair]

thats not my problem dean, thats theres.

[Dean Lofthouse]

thats not my problem dean, thats theres.

 

Exactly !!

[Stephen Blair]

dam, you got me there lol

[Amelanchier]

Just to muddy the waters guys - if the tree is on the boundary then it is entirely possible in law for it to be jointly owned by the landowners.

 

Dean, I guess the ultimate test for your liability regarding this matter would be whether a court would deem it 'reasonable' for you to have checked. If circumstances should have made you suspicious then perhaps it would be reasonable to check further - if not, then never mind. The guy in the wig will decide.

 

Back to the OPs question. If your not comfortable with the situation - ask the questions of the neighbour. Its fairly normal to pop round and inform them anyway, so use that as an excuse.

[Dean Lofthouse]

Dean, I guess the ultimate test for your liability regarding this matter would be whether a court would deem it 'reasonable' for you to have checked. If circumstances should have made you suspicious then perhaps it would be reasonable to check further - if not, then never mind. The guy in the wig will decide.

 

.

 

Plain english Antonio, thats just how I would see it, I think