Hi From Devon

[samarb]

Hi where about are you? They may be a few members on here that will pop and have a look for you. I would say that kind of root damage the tree won't be able to recoverand poses a danger and should be dealt with by neighbour at his cost if in doubt contact local TO and he will let you know everything.

[geoff]

Hi where about are you? They may be a few members on here that will pop and have a look for you. I would say that kind of root damage the tree won't be able to recoverand poses a danger and should be dealt with by neighbour at his cost if in doubt contact local TO and he will let you know everything.

 

I am wondering/ speculating the neighbor may well have wanted the tree gone as part of his excavations,either way it's a great shame.

[Chickem]

I am wondering/ speculating the neighbor may well have wanted the tree gone as part of his excavations,either way it's a great shame.

 

I really don't know, he's a bit of a strange one,never speaks to anyone.

he cut a few trees down his side and put the chainsaw through the other side neighbours phone cable and didn't tell them... it wasn't untii BT came out that they sussed out what the problem with their phone was:001_rolleyes:

[TimberCutterDartmoor]

Another thing; it is almost unheard of that a devon bank is not included in the deeds of the property and must be maintained as such. Demolition of such is super naughty...

[Chickem]

Another thing; it is almost unheard of that a devon bank is not included in the deeds of the property and must be maintained as such. Demolition of such is super naughty...

Not for houses apparently, it only applies to farms, so i've been told

[TimberCutterDartmoor]

Not for houses apparently, it only applies to farms, so i've been told

 

Nope; done tons of tree / hedge work where the LA in my case South Hams has forced the homeowner to act.

[tommer9]

Crumbs. That would worry me it has to be said!!

Get onto the council environmental planning line first thing for a bit more advice too!!

I think you are in an area of outstanding natural beauty there. That might hold a bit of sway?

Devon’s Protected Landscapes

0845 155 1015 is the enquiry number i think, but more local members could possibly furnish you with better ones.

Criminal damage?

[Hairyloon]

What is the legality here?

I know you are allowed to cut overhanging branches, but I did not think you could do it to the extent that it would create a hazard.

[Hairyloon]

Criminal damage?

I thought that too. Which would make it a police matter.

No doubt whatsoever that they would treat it as a neighbours dispute, but you might at least get a crime reference for your insurance.

[AA Teccie (Paul)]

ON the legal angle (as I understand it) you can 'cut back to the boundary' both branches and roots, i.e. above, and below, ground parts.

 

However if, as a direct result of your actions, the tree is deemed unsafe requiring removal, or dies, then there may be an opportuntiy for a claim for loss of amenity (although I'm not aware this has ever been tested in the courts.)

 

Either way I think the law would expect the affected party to act reasonably and communicate to the tree owner his intended actions (when so extreme)...naive?, maybe!

 

 

Cheers..

Paul