one for the legal eagles

[mikecotterill]

right bit of a long story but where do you stand on cutting down a neighbours tree? basically the people back to back have had some cowboy types round today and cut down a copper beach, leaving about a 12' stem, now the tree is in our fence boundary and while it may of needed trimming its now spoilt what was quite a nice tree. question is where do we stand legally? is there anything we can do?

[Yorkshireman]

if its yours & someone trespasses & causes damage or destroys something of value I believe over £20.00then thats potentially a criminal offence.

proving it on the other hand is another kettle of fish tho'

good luck

[arbormaster]

they can cut to the boundary as long as there is no tpo or Conservation area restriction. also they must offer you your branches back!!

[Dean Lofthouse]

If they haven't asked you and have just gone ahead I do believe it's willful damage and therefore a criminal offence

[Mesterh]

They can cut back to boundary regardless of tpo or conservation area,they dont need your permission but they must offer the branches back to you.If they havent you can prosecute them for theft.

[Tom D]

They can cut back to boundary regardless of tpo or conservation area,they dont need your permission but they must offer the branches back to you.If they havent you can prosecute them for theft.

 

Are you sure? Surely that would be an easy loophole for cttting TPO trees; just get the neighbours to do it.

[Mesterh]

Are you sure? Surely that would be an easy loophole for cttting TPO trees; just get the neighbours to do it.

 

Yep completely sure, its to do with civil and statutory law.

 

Ask your arb officer about it, wont make him very happy though

 

Theres other loopholes where a "prudent householder" can by some wangling overide a tpo if he deems his tree unsafe.

[Rich Rule]

They can cut back to boundary regardless of tpo or conservation area,they dont need your permission but they must offer the branches back to you.If they havent you can prosecute them for theft.

 

I know you are pretty certain this is the case but I know for sure that one wouldn't stick around these parts. All work within a CA or TPO'd tree needs to be applied for unless it is dangerous. Even then I have had tree office pulling up in the middle of the road 'starsky and hutch'in' it across the bonnet and ordering you to stop. when a tree is half dead.

[Mesterh]

Even then I have had tree office pulling up in the middle of the road 'starsky and hutch'in' it across the bonnet and ordering you to stop. when a tree is half dead.

 

That also happens round here too

 

Actually it may be common and statutory law, ill look into it.

 

I'm sure this has been covered on here before with someone explaining it a bit better than me

[Andy Collins]

http://arbtalk.co.uk/forum/newreply.php?do=newreply&noquote=1&p=53746 and also Mills v. Booker (1919) are examples of the overhanging limb variety, in Mills v Booker, the defendant removed the limbs of overhanging fruit trees removed. It was decided that although the defendant had the right to remove the nuisance, he could not take the nuisance and appropriate for his own use. It was held in court that the limbs were still the plaintiffs property both before and after severance, therefore the plaintiff still had the right to possession. Out of interest, there was involved approx 10lb of apples on the removed limbs.

In the appeal of Lemmon v. Webb, it was decided that it was not necessary to give notice before cutting back the branches, provided the affected person did not enter the land of the adjoining owner (ie trespass)