Neighbour's application to cut back my tpo'd tree

[Oldfeller]

3 hours ago, LilyLangtree said:

I'll say again, the boundary has been verified by a RICS boundary surveyor and none of the tree is encroaching on his land.  He just wants to grab a bit more land for his shed.  He's just crazy.

so to be accurate and realistic, this has nothing to do with a tree, but a boundary dispute, of which you claim has been verified and he despite your apparent proof of its true location he intends to enter your property and cut your tree down to put a shed on land he doesn't own.

how am I doing so far?

I'm seeing a further post by GarethM  and I'm inclined to agree with him, a solicitor should be your next port of call.

Edited yesterday at 13:19 by Oldfeller

[Paul in the woods]

I'm surprised by some of the comments as I didn't think it was that unusual for some neighbours to just be complete irrational g*ts, surely an experienced arboriculturist comes across this from time to time? I once had a neighbour wait until I went out one day can climb over the fence and fell several small trees in our garden. Thankfully I was renting and quickly moved on. 

 

So, my sympathies are with Lily.

 

It does sound mostly a boundary dispute, which AAHP seems to have answered well. However, I can see the dodgy neighbour trying to use the TPO app as an excuse to cut the tree and claim the council has given him permission. I know the planning process allows someone to put in planning for property the don't own but would any permission make it abundantly clear that you must own the land before progressing?

Edited yesterday at 11:37 by Paul in the woods

[GarethM]

4 minutes ago, Paul in the woods said:

I'm surprised by some of the comments as I didn't think it was that unusual for the some neighbours to just be complete irrational g*ts, surely an experienced arboriculturist comes across this from time to time? I once had a neighbour wait until I went out one day can climb over the fence and fell several small trees in our garden. Thankfully I was renting and quickly moved on. 

 

So, my sympathies are with Lily.

 

It does sound mostly a boundary dispute, which AAHP seems to have answered well. However, I can see the dodgy neighbour trying to use the TPO app as an excuse to cut the tree and claim the council has given him permission. I know the planning process allows someone to put in planning for property the don't own but would any permission make it abundantly clear that you must own the land before progressing?

Planning permission is just the council saying what you're proposing is legal.

 

It doesn't legally allow you access, with the exception of say CPO.

 

Using a hypothetical, Tesco could put in for a superstore on me and 15 neighbours and it gets granted. Whilst they have permission for the build they have no right of access or ownership.

[Stubby]

1 hour ago, Oldfeller said:

 

I'm seeing a further post by Stubby and I'm inclined to agree with him, a solicitor should be your next port of call.

So far as IRC I have been but a spectator in this thread and not posted anything . I got accused of running a blokes saw over yesterday !🙂

[GarethM]

5 minutes ago, Stubby said:

So far as IRC I have been but a spectator in this thread and not posted anything . I got accused of running a blokes saw over yesterday !🙂

You know the rules, touching another man's wifey is forgivable, touching another man's saw is like sleeping with his mother infront of you!.

[Stubby]

5 minutes ago, GarethM said:

You know the rules, touching another man's wifey is forgivable, touching another man's saw is like sleeping with his mother infront of you!.

I never dun nufink guv , honest . its a bleedin fit up is what it is ! 

[GarethM]

5 minutes ago, Stubby said:

I never dun nufink guv , honest . its a bleedin fit up is what it is ! 

But guv it was parkside, say nufink more off you pop.

[Stubby]

8 minutes ago, GarethM said:

But guv it was parkside, say nufink more off you pop.

I've 'add it away on me toes guv .  

[Steven P]

47 minutes ago, Paul in the woods said:

It does sound mostly a boundary dispute, which AAHP seems to have answered well. However, I can see the dodgy neighbour trying to use the TPO app as an excuse to cut the tree and claim the council has given him permission. I know the planning process allows someone to put in planning for property the don't own but would any permission make it abundantly clear that you must own the land before progressing?

 

Yup, that is a good analogy as far as I understand it - anyone can apply to work on a tree regardless of ownership - happens all the time "Tree Surgeon, can you sort this tree" "it has a TPO" "OK, can you deal with that then sort the tree" "OK"

 

 

The rest as above is about the boundary, and sadly sounds like it has gone past a civil conversation and you might need a legal letter sent to clarify the boundary, and perhaps another stating if the neighbour touches the tree that would amount to trespass and criminal damage.

[Oldfeller]

1 hour ago, Stubby said:

So far as IRC I have been but a spectator in this thread and not posted anything . I got accused of running a blokes saw over yesterday !🙂

My apologies Stubby, I had you in mind about the bike thread and put your name instead of GarethM. 

you are innocent mate.

[ unless you live next door to lilylangtree] in which case build yer shed on yer own patch.