Tree care enforcement notice

[Dean Lofthouse]

How do we get the owner of a Tree or Trees to Deadwood their trees without wasting money on solicitors.

 

Senario:

 

I went to look at a 90ft tpo'd lime on the boundary of a very large property which has houses and back gardens all around it's periphery and trees overhanging the neighbouring properties

 

Historically, all the neighbours have approached the (wealthy) tree owner to ask him to prune or deadwood his trees, he as always refused and said they could pay for the maintainance.

 

This lime has dropped large peices of deadwood into the small back garden of my client where their childrem play. I put in a controversial application to the council to remove the tree on the basis that the tree owner is failing (despite numerous requests) to maintain his tree, basically as a protest.

 

The permission was obviously refused but the owner of the tree responded by saying the client could deadwood the tree at their own expense provided they did not come onto their land.

 

My client has over a long period of time nicely and politely asked for the tree owner to care for his trees, but the Tree owner is (I know of him) an arrrogant sod and they are basically wasting their breath.

 

I have told the client I cant deadwood the trees without entering the property to climb the tree and beside that it is not my clients remit to maintain his trees, the tree owner has a legal obligation to maintain and deadwood his own trees and not force his neigbours to pay.

 

How and who serves enforcement notices to tree owners to make safe their trees, I know the council do it on roadside trees but can they do it in the domestic garden enviroment ?

 

It really does make my blood boil this type of situation, the client is really stressed about the whole situation and is heavily pregnant

[nepia]

Civil law isn't a strength of mine but as the owner of the tree surely the rich guy has a duty of care towards those that may be affected by his tree - that's why LAs are so careful with theirs! Perhaps your client needs to seek legal advice as to whether action could be taken re a breach of that duty before there's a horrible accident. Obviously there would be hell to pay if there was such an accident and that breach wouldn't be difficult to prove: I just don't know whether proactive action can be taken. Maybe the consequences of doing nothing need to be made clear to him.

But as ever the matter would be best dealt with without going to those lengths.

Consider also whether any enforcement would result in you actually getting your money out of said idiot having done the work.

[alliaria]

Councils use the miscellaneous provisions act to force landowners to remove damaged trees that could impact on the highway, I don,t think that applies in domestic situations, you could go with an actionable nuisance but that will probably involve legal proceedings. The landowner has a duty of care to maintain his trees but I don,t know how this works in domestic situations. Sorry, not much help.

[ben lightfoot]

i thought the miscellaneous provisions act meant they could serve a notice on to any dangerous tree that could cause damage be it building or person etc and under the highways act the could serve a notice relevant to the highway ie causing a danger or encroaching over the highway.

[Dean Lofthouse]

I've asked her to ring the Tree Officer monday and ask him what course of action is open to her, the last thing she wants to be doing is falling out with neighbours and get involved in legal action, she has been extremely pleasant with him.

 

All he has done is ignored all her letters and then when she sent one saying she had permission to work on the tree, she got a letter back saying work on the tree by all means but dont come on to their land.

 

I reckon instead of sending letters the rich guy could have just popped his head over the wall.

 

She has even tried to see him but he has electric gates and wont respond to the gate intercom.

 

Thats the reason I put in the application to try and force a response either from him or the TO

 

I hate getting involved in these things as your time is sapped up for no reward. I dont mind giving advice but you then find yourself being drawn in by the client

 

He has a shop in the town centre, it might be worth me telling her which one and she can go in and confront him there infront of his customers, I always find people more responsive that way

[Pommie]

He has a duty of care under the Owners and Occupiers liability act.

[Mesterh]

The duty of care is one thing but enforcing it is another.

 

Hope you get the answers/responses you need to help her out.

 

I'd wager theres not much that can be done until there's an accident.

[ad15]

i have a customer in EXACTLY the same situation,, seems it's not so rare... no idea where to go next, the TO said the tree should really be taken down

[Amelanchier]

How about just giving him notice under the Access to Neighbouring Lands Act (can't remeber the year, sorry) that you'll be entering his land to undertake the work. IIRC he'll need an injunction to stop you.

[Dean Lofthouse]

How about just giving him notice under the Access to Neighbouring Lands Act (can't remeber the year, sorry) that you'll be entering his land to undertake the work. IIRC he'll need an injunction to stop you.

 

Cheers Tony, I'll google it

 

What really peevs me is that someone has to pay to maintain a tree that doesn't belong to them