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Owner cuts TPO'd tree....Oooops


Mac McLennan
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Dear Agony Arb.

 

I have TPO trees to cut back , the county council have written to my client stating the trees are interfereing with traffic as they extend into the road. do I

 

1) get the TPO permission from the LA and wait weeks for permission.

 

2) cut them back as per the diagram and leave stubbs at 5.2m 450mm back from the road.

 

3) call it a "statutory undertaking", do a nice job and smile all the way to the bank.

 

yours desperately

 

log-ol

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  • 2 weeks later...
There are other oddities over this issue in that unless the non owner offers the owner back or returns the cut branches back to the tree owner then the non owner can be had up for theft.

 

British law - oh dear!! :confused1:

 

Colin

 

I always thought that was the case but is there anything in writing somewhere that says if the owner doesnt want the brash back the non owner must dispose of it. I know the brash has to be offered and i thought it the duty of the non to dispose.

 

This came up once where the non owner wanted me to basically throw the brash back over just to piss the neighbour off and he thought he "had to by law" surfice to say i decided not to get involved and leave it up to some other poor bugger.

 

Dont you just love the neighbourly dispute jods! :thumbdown:

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I always thought that was the case but is there anything in writing somewhere that says if the owner doesnt want the brash back the non owner must dispose of it. I know the brash has to be offered and i thought it the duty of the non to dispose.

 

This came up once where the non owner wanted me to basically throw the brash back over just to piss the neighbour off and he thought he "had to by law" surfice to say i decided not to get involved and leave it up to some other poor bugger.

 

Dont you just love the neighbourly dispute jods! :thumbdown:

 

It doesn't say what size the brash has to be when it passed back over the boundary - just point that chipper spout over the hedge and let 'em have it all back! :001_tongue::ohmy:

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It doesn't say what size the brash has to be when it passed back over the boundary - just point that chipper spout over the hedge and let 'em have it all back! :001_tongue::ohmy:

 

 

Ha ha, I would love to see that:scared1:

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Is there not a set high they can prune back to eg 14ft or can you just prune to your boundry to what ever height you like?

 

 

All the way to the moon, or the top of the tree which ever comes first!. You start getting in to issues around causing terminal decline of the tree and this being considered damage (in the legal sense). Lots of things for lawyers to get paid to talk about, no doubt.

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