Tree care enforcement notice

[Bundle 2]

yeah yeah...but the trees need to come down. If i was te costumer and trees were dropping branches into me garden with children there and the owner was not interested it getting the trees pruned..then i would cut back to the boundary..All over hanging branches.!!

 

who comes first trees or people lifes??

 

 

You see, you're confusing me now...First you state the trees need to come down but by the end of the statement you are saying they need working on in terms of pruning....I dont doubt the seriousness of the situation believe me. I do have trouble getting my head around the language and some of the views expressed on this forum however....

Sorry mate, I dont mean to have a go.

Im really not trying to tell you how to negotiate with cantankerous landowners either.

The legislation is there to provide a framework from within which to work out solutions to "unreasonable" behaviour however. I think this is where I would look to resolve a dispute before resorting to "dirty" tactics if you will!

[Czlowiek Drzewo]

its not dirty tactics. neighour doesn't care about costumers property and even after beng asked sevral times to do something about trees the neighbour has just ignored them. many Large branches have fallen into garden and neigbour still doesnt care.

 

simples..the law says you can cut back and over hanging branches and costumer has known this for some time...what he did not know that if he cut them trees back that far it would cause a major inbalance in the the crown.

 

I explained this the the costumer. and if the neghbour does not care about his property..why should he give a crap about his??

[Bundle 2]

its not dirty tactics. neighour doesn't care about costumers property and even after beng asked sevral times to do something about trees the neighbour has just ignored them. many Large branches have fallen into garden and neigbour still doesnt care.

 

simples..the law says you can cut back and over hanging branches and costumer has known this for some time...what he did not know that if he cut them trees back that far it would cause a major inbalance in the the crown.

 

I explained this the the costumer. and if the neghbour does not care about his property..why should he give a crap about his??

 

 

Well.......from the point of view of acting within the legal provisions made re: cuttting back of neighbours tree, you right. For as long as you offer the brash back to the owner.

If it could be proven ( and here you are on a public forum waxing lyrical about putting one over on an albeit, and on the face of it, awkward or indifferent land/tree owner ) by effectively subjecting him to the same exposure of risk, either to his property or perhaps his family, by DELIBERATELY making the trees unsafe (perhaps)

I would suggest you are playing a very foolish game and there may just be tears before bedtime.

Stick to the rules mate. You might learn something and accomplish a result in which the trees are both maintained by the rightful owner and at their expense...good for the trees, good for landowner and good for the neighbours..And how can it be bad for business that you were able to consult and proffer sound and effective advice.

[Czlowiek Drzewo]

the neighbour does not want anything done to the trees.

 

the trees are dropping large dangerous branches into garden where children often play.

 

the costumer has asked the neighbour to prune tree slightly to make them safe...the neighbour has said No.!

 

The costumers only soluton is to cut trees back to boudary. ( last option )

 

i have informed the costumer that the trees will be unsafe for the neighbour after that and the best thing to do is for me to write a letter before doing work explainng to neighbour that if he doesnot want to prune /deadwood trees then we will have to proceed with cutting trees back to boudary wgich will make the unsafe for him.

 

This letter will hopefully make him deadwood/ prune the trees.

 

simples. not stop being a numpty

Edited July 1, 2010 by Monkey-D
please read the forum rules on language, if as it seems, you are unfamilliar with them.

[Bundle 2]

well excuse me for breathing.....

[arb culture]

why should it not be used as a last resort. we do proactively manage our tree stock and only have a limited budget to do so. we interpret the act to gives us the power to act where no other way can be found ie if the owner is unknown or is unable to cover cost then surely that would be a reasonable time to use such powers. We would first contact the owner and highlight their responsibillities and work from there.

 

You are absolutely right. It should be used as a last resort. But before you carry out the works under misc prov you have to let the tree owner know in writing of your intention and give them a reasonable time to sort it out themselves.

 

Usually if a tree owner is sent such a letter, along with an indication of the costs if the council undertake the work, they will get it done themselves, and quickly.

 

I still don't know why you only used you misc prov powers when you don't know who owns the land or the person who owns the land cannot afford to get the works done themselves.

 

What about the person who has plenty of cash, but who just refuses to make their tree safe, even when it is a clear and obvious danger?

[Arbgirl]

Bundles trying to give you good advice Martyn - if your actions make the trees unsafe for the owner then you or your client will be liable of any damage - same as cutting roots back to the boundary (as you are legally allowed to do) - if the trees fall over (onto the tree owners land, property or family, friends, visitors, tresspassers etc) as a result of your works then you (or perhaps your client) are liable - even though they are the neighbours trees!

 

I would take it up with the LA and see if they can do anything - before doing anything that might have serious consequences - I do understand what you are saying about safety though - and as we havent seen the trees it is hard to judge

[Czlowiek Drzewo]

Bundles trying to give you good advice Martyn - if your actions make the trees unsafe for the owner then you or your client will be liable of any damage - same as cutting roots back to the boundary (as you are legally allowed to do) - if the trees fall over (onto the tree owners land, property or family, friends, visitors, tresspassers etc) as a result of your works then you (or perhaps your client) are liable - even though they are the neighbours trees!

 

I would take it up with the LA and see if they can do anything - before doing anything that might have serious consequences - I do understand what you are saying about safety though - and as we havent seen the trees it is hard to judge

 

yeah its nothing don't already know. i have spoekn to LA about it..and it is complicated..but if he refuses to get work done what can you do

[Tim Williams]

You are absolutely right. It should be used as a last resort. But before you carry out the works under misc prov you have to let the tree owner know in writing of your intention and give them a reasonable time to sort it out themselves.

 

Usually if a tree owner is sent such a letter, along with an indication of the costs if the council undertake the work, they will get it done themselves, and quickly.

 

I still don't know why you only used you misc prov powers when you don't know who owns the land or the person who owns the land cannot afford to get the works done themselves.

 

What about the person who has plenty of cash, but who just refuses to make their tree safe, even when it is a clear and obvious danger?

 

I was just giving general examples of when they may be used, obviously there are other situations,.

[Tim Williams]

Bundles trying to give you good advice Martyn - if your actions make the trees unsafe for the owner then you or your client will be liable of any damage - same as cutting roots back to the boundary (as you are legally allowed to do) - if the trees fall over (onto the tree owners land, property or family, friends, visitors, tresspassers etc) as a result of your works then you (or perhaps your client) are liable - even though they are the neighbours trees!

 

I would take it up with the LA and see if they can do anything - before doing anything that might have serious consequences - I do understand what you are saying about safety though - and as we havent seen the trees it is hard to judge

 

while what you say makes sense as far as i am aware no case has ever been brought.