tree ownership?

[Stephen Blair]

The guy in the wig will decide.

QUOTE]

 

who put huck in charge:lol:

[Dean Lofthouse]

The guy in the wig will decide.

QUOTE]

 

who put huck in charge:lol:

 

You've crossed the line there Stevie !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Ian C]

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

 

We understand what your getting at Dean, we all have our own way of dealing with things and as long as YOUR satisfied with the outcome thats all that matters, what you established is that the customer told you he owned them and thats all. As long as your comfortable doing the job then thats fine.

[Amelanchier]

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.

 

Rubbish. The facts are available via google (which can even tell you how many seconds it took to find them). Those that aren't - I'll post for the sheer philanthrophy of it, if required. As SWB has alluded to - we're here to share knowledge not to spin the illusion of elusive superiority and elitism. IMO stating that info is only available for a charge is as good as saying you don't know.

 

Its symptomatic of the insecurity of ignorance.

[Amelanchier]

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

 

Are you agreeing with me? I must have got something wrong...

[Dean Lofthouse]

Are you agreeing with me? I must have got something wrong...

 

Your always right in my eyes Tony

[educated arborist]

Rubbish. The facts are available via google (which can even tell you how many seconds it took to find them). Those that aren't - I'll post for the sheer philanthrophy of it, if required. As SWB has alluded to - we're here to share knowledge not to spin the illusion of elusive superiority and elitism. IMO stating that info is only available for a charge is as good as saying you don't know.

 

Its symptomatic of the insecurity of ignorance.

good luck finding lots of case precident on google

ha! google & wikipedia "the fountain of all knowlege" that said you did agree with me in your earlyer post. If its on the boundry it may well belong to both & you need both their permission to work on it.

[Mark Bolam]

Just to be on the safe side, I'd stick the nut on both neighbours before you start.

 

That way, if any problems should arise during or after the job, your retaliation has already been taken care of.

 

Such a simple solution, I can't believe you fellas couldn't see it.

[Amelanchier]

good luck finding lots of case precident on google

ha! google & wikipedia "the fountain of all knowlege" that said you did agree with me in your earlyer post. If its on the boundry it may well belong to both & you need both their permission to work on it.

 

I guess it might be a problem if you can't spell precedent...

 

Try chapter 3 of Mynors - The law of trees, forests & hedgerows. 0.23 seconds by the way.

 

Mr Mynors (you will no doubt have his home telephone number) updated and confirmed this list of relevant case law at both the AA Conference on the 23rd September and at a Barchams Seminar on the 28 October 2009 with the following;

 

Lemmon v Webb [1894] 3 Ch1, CA; [1895] AC 1, HL

Mills v Brooker [1919] 1 KB 555

 

Alan Wibberley v Insley [1999] 1 WLR 894. HL

Haycocks v Neville [2007] EWCA Civ 78

 

 

So who do I invoice?

Edited February 6, 2010 by Amelanchier
link

[Dean Lofthouse]

haha

 

Went to price a job this morning.

 

Guy tells me he wants 5 trees in a plot next door felling into the plot and leaving.

 

This plot is obviously overun with bramble etc and not been touched for years.

 

He tells me he has his neighbours permission to carry out the works and non of the said trees have tpo's, he even went on to point out the trees which do have tpo's.

 

No problem I said, I can do that for you. But what I would advise is for you to ask your neighbour just to scribble on a bit of paper that he gives his permission for you to fell his trees, to cover yourself and me.

 

This would be my normal course of action, with no influence from this thread

 

The neighbour was not contactable as the house next door was in a state of disrepair and had not been lived in for years.

 

Each case can be completely different, not everything is as black and white as "just go ask the neighbour"