Tree care enforcement notice

[nepia]

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

 

Perhaps even that could be sorted via Small Claims if it comes to it. 'Could' be; no promises of course and a desperate solution.

[Dean Lofthouse]

Perhaps even that could be sorted via Small Claims if it comes to it. 'Could' be; no promises of course and a desperate solution.

 

I reckon she would have to pee on the judges kids for him not to be sympathetic and find in her favor

[chris cnc]

perhaps a well worded letter to the tree owner, detailing not only his liability and duty of care, but a written statement of the tree's condition, too. he may be unaware just how bad it is, he may be assuming that your client is exaggerating, etc.

 

this might encourage him to pay for it himself as it is his responsibility (or should be).

 

good luck!

[felixthelogchopper]

What you are talking about is abatement of nuisance. Legally, you need to provide notice that you will be entering the private land or you, as the abator, will become a trespasser ab initio. It would be fair to say that the courts do not look kindly on such a remedy though( Delaware Mansions Ltd v Westminster City Council).

[felixthelogchopper]

He does have a duty of care under Leakey v National Trust, but whether that would help before any harm occurred would have me reaching for the text book

[bob]

surely you could go with the shotgun and riffle to knock dead wood out once a week every week till the guy gets the message and is fed up of falling shot

 

just athought:thumbup:

[Tony Croft aka hamadryad]

What a nightmare, we all have this situation at some point, you dont get wealthy being a nice generous person!

 

hence I am as poor as a begger!

 

I know what I would do in this situation, but thats just me!

[Dean Lofthouse]

If it comes down to it Tony I'm just going to jump over the wall into his property and climb the tree, do thedeadwooding.

 

If he wants to sue me let him go for it but it will make him have to come out and confront me and his neighbours rather than hiding behind electric gates and pen and paper.

 

I will then get the opportunity to make his position clear, I will then tell her to file a claim against him at the small claims court for the cost of works plus her and my costs. It very cheap and straightforward to do now

[Tony Croft aka hamadryad]

If it comes down to it Tony I'm just going to jump over the wall into his property and climb the tree, do thedeadwooding.

 

If he wants to sue me let him go for it but it will make him have to come out and confront me and his neighbours rather than hiding behind electric gates and pen and paper.

 

I will then get the opportunity to make his position clear, I will then tell her to file a claim against him at the small claims court for the cost of works plus her and my costs. It very cheap and straightforward to do now

 

thats the one! doubt he will bother, and would most likely go in clients favour if just a deadwood operation, and make sure you offer the deadwood to the tree owner!

[felixthelogchopper]

Cover yourself and your client by giving reasonable notice in writing, preferably recorded delivery, to allow you to claim abatement as a defence against trespass.