one for the legal eagles

[Amelanchier]

Tony, just to clarify, is your reply solely regarding TPO/CA trees?

 

Yep Andy. Just TPO/CA. The waters are so muddy with normal boundary trees I thought I'd let APN 11 tackle it!!

 

I TPO'd a large Copper Beech a couple of months ago right on the boundary between two properties - one guy wanted to have the side off including flush cutting to the stem. IMO it'd be a dereliction of duty to let him.

 

It's a shame when trees become a part of a power struggle.

[Mesterh]

Oh and that tree looks like a right mess. I'd be torching his car right about now.

 

On the other hand someone will probably say its a really nice looking coronet cut tree though.

[mikecotterill]

trust me i know where he lives, but i shall be doing it proper (first). so what do people think in regards to going for criminal damage? also what should i do to fix the damage to give it best possible chance of survival.

thing that really pees me off is that id of trimmed it on there side, if theyd asked and also that the guy went into someone elses garden i.e. not the customers, and did it without permission.

[Andy Collins]

This is only MY opinion, but I think it may be a job to take this any where successfully, and I'm sorry to say this. My reasoning, when I was robbed, the culprits vehicle was recorded nearby, they were seen on the neighbours land without consent ie trespass, they entered my property,(speculation as no hard evidence) and they stole my property. Outcome, no evidence to prove that the suspects stole fom me. If this is the response to breaking and entering, theft of a vehicle and other property, what chance does that tree stand? Oh yes, and I'm bitter! The law is a complete and utter waste of time, the only winners are lawbreakers.

[Alasdair]

The law is a complete and utter waste of time, the only winners are lawbreakers.

 

i agree with that sorry this has nothing to do with the thread but chances are if any action is taken the outcome will be no charge due to the crazy laws and loopholes all over the shop to which people seem to get away with murder. or in the other hand if there are charges they want be nearly enough to repair the damage so to speak.

[Andy Collins]

And here is APN11 for your perusal.

http://www.treehelp.info/pages/Publications/APN%20update%2010%20April%202008.pdf

[Andy Collins]

I have read somewhere in my dim and distant past, a clause where if the removal of overhanging limbs destabilizes the tree, to the point it could fail, the onus would be on the remover of said limbs. Like I say, this is only a re-collection and I may be incorrect.

May I suggest that you have your local TO come out and give you his opinion in writing, back it up with photos, statements from any witnesses, if necessary get in an Arb consultant (professional witness) and build up a portfolio. Then, once this is done, employ a competent arborist to tidy up the mess (ie cuts). If decay sets into the wounds, record this too, as future evidence, as it may be these actions lead to the early demise of your tree, and you may have a case in law.

[Paul Barton]

I have read somewhere in my dim and distant past, a clause where if the removal of overhanging limbs destabilizes the tree, to the point it could fail, the onus would be on the remover of said limbs.

 

I know that this is the case with roots - surprisingly common law allows a neighbour to cut branches and roots back to the boundary!

 

If the tree were to fail because of the root pruning though, the neighbour that cut them would be at fault.

 

Makes sense if this rule were to also apply to limbs.

[Tommy_B]

i agree with that sorry this has nothing to do with the thread but chances are if any action is taken the outcome will be no charge due to the crazy laws and loopholes all over the shop to which people seem to get away with murder. or in the other hand if there are charges they want be nearly enough to repair the damage so to speak.

 

Could've been worse, I'm suprised the pikey's didn't sue cause they got sawdust in their eyes!!!!

[mikecotterill]

oh well once again the british legal system does sweet fa for the ordinary person, never mind one more reason to leave this country before it gets even worse.