Right to prune branches when it destabilizes tree.

[daltontrees]

1 hour ago, john87 said:

 

 

Where did you get this Llloyd LJ excerpt?

[john87]

1 hour ago, daltontrees said:

Where did you get this Llloyd LJ excerpt?

 

Hi There,

Is is in a book called; Casebook on tort law by Kirsty Horsey.  Click on the link and there is a yellow bar towards the top of the page. At the right hand side it says "clear search" Click the box and this page will come up!!

 

 

Casebook on Tort Law

BOOKS.GOOGLE.CO.UK

---

All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law...

 

Edited February 19 by john87

[daltontrees]

1 hour ago, john87 said:

 

Hi There,

Is is in a book called; Casebook on tort law by Kirsty Horsey.  Click on the link and there is a yellow bar towards the top of the page. At the right hand side it says "clear search" Click the box and this page will come up!!

 

 

Casebook on Tort Law

BOOKS.GOOGLE.CO.UK

---

All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law...

 

OK, I really just meant which case, which I now know is Burton v Winters.

[daltontrees]

If there is a succinct summary of the law it might be this -

 

A man is not bound to permit a neighbour's tree to overhang the surface of his land, however long the space above may have been interfered with by the growth of the tree. Nor can it be doubted that if he can get rid of the interference or encroachment without committing a trespass or entering upon the land of his neighbour he may do so whenever he pleases, and that no notice or previous communication is required by law.

 

But, in order to lawfully abate a nuisance emanating from your neighbour's land, the House of Lords (in Lagan Navigation Co) specified the following requirements:
■ You must give notice to your neighbour unless notice is not necessary (for example, where you cut off the branch(es) of a tree overhanging your property, and this would not involve trespassing onto your neighbour's land (see Lemmon v Webb (1895) AC 1).
■ You must not do any unnecessary damage.
■ If there are two or more ways of abating the nuisance, you must choose the least mischievous way.

[john87]

5 minutes ago, daltontrees said:

If there is a succinct summary of the law it might be this -

 

A man is not bound to permit a neighbour's tree to overhang the surface of his land, however long the space above may have been interfered with by the growth of the tree. Nor can it be doubted that if he can get rid of the interference or encroachment without committing a trespass or entering upon the land of his neighbour he may do so whenever he pleases, and that no notice or previous communication is required by law.

 

But, in order to lawfully abate a nuisance emanating from your neighbour's land, the House of Lords (in Lagan Navigation Co) specified the following requirements:
■ You must give notice to your neighbour unless notice is not necessary (for example, where you cut off the branch(es) of a tree overhanging your property, and this would not involve trespassing onto your neighbour's land (see Lemmon v Webb (1895) AC 1).
■ You must not do any unnecessary damage.
■ If there are two or more ways of abating the nuisance, you must choose the least mischievous way.

 

Agree 100% Brilliant summary..

When it comes to the "least mischievous" bit, true, but also "In exercising the right unnecessary damage must not be caused, except that where the alternative method of abatement would damage an innocent person the interference must be with the property of the wrongdoer" That was Lagan too..

john..

[Excels1or]

Always thought its strange that you can prune a tree back to the boundary but when you apply to the council if the trees TPO'd or in a conservation area the council document says to make sure all work is compliant with 3998.....a lot of the time you cant prune back to a growth point/branch collar

[daltontrees]

1 hour ago, Excels1or said:

Always thought its strange that you can prune a tree back to the boundary but when you apply to the council if the trees TPO'd or in a conservation area the council document says to make sure all work is compliant with 3998.....a lot of the time you cant prune back to a growth point/branch collar

There's no such thing as 'compliant with BS3998'. It's industry best practice. One of the commonest words in it is 'should'. Not 'must'.

 

And it's opening sections state that "This British Standard takes the form of guidance and recommendations. It should not be quoted as if it were a specification and particular care should be taken to ensure that claims of compliance are not misleading. Any user claiming compliance with this British Standard is expected to be able to justify any course of action that deviates from its recommendations."

 

It is therefore possible to comply with it by going against its advice if there is a reason for it.

 

So you could state that" The customer was advised that the extent of pruning he requested would be against the advice contained in BS3998 but he wished to regain use of his garden anyway so the pruning went ahead on that basis."

 

Plus, in a TPO or CA situation there is an exemption from control for any works that are to prevent or abate a nuisance. No consent or notification required. 

[john87]

9 minutes ago, daltontrees said:

There's no such thing as 'compliant with BS3998'. It's industry best practice. One of the commonest words in it is 'should'. Not 'must'.

 

And it's opening sections state that "This British Standard takes the form of guidance and recommendations. It should not be quoted as if it were a specification and particular care should be taken to ensure that claims of compliance are not misleading. Any user claiming compliance with this British Standard is expected to be able to justify any course of action that deviates from its recommendations."

 

It is therefore possible to comply with it by going against its advice if there is a reason for it.

 

So you could state that" The customer was advised that the extent of pruning he requested would be against the advice contained in BS3998 but he wished to regain use of his garden anyway so the pruning went ahead on that basis."

 

Plus, in a TPO or CA situation there is an exemption from control for any works that are to prevent or abate a nuisance. No consent or notification required. 

 

Another stormingly good post..

john..

[Dan Maynard]

4 hours ago, daltontrees said:

Plus, in a TPO or CA situation there is an exemption from control for any works that are to prevent or abate a nuisance. No consent or notification required. 

Is that not an 'actionable' nuisance? Phrase rings a bell from previous discussions.

[Will C]

6 hours ago, daltontrees said:

Plus, in a TPO or CA situation there is an exemption from control for any works that are to prevent or abate a nuisance. No consent or notification required. 

 Am I reading this right that a tpo/ con area is completely irrelevant if you are abating a nuisance?
Therefore you could completely muller a decent protected tree providing you stopped at the boundary line with no TPO permission?