one for the legal eagles

[Andy Collins]

In Lonsadale v. Nelson (1823)

In this case it was held that the boughs and branches of trees which overhang any mans land so as to be a nuisance, may be cut by the owner or occupier of such land.

[Amelanchier]

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.

 

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.

 

The bit that wouldn't make me very happy would be you telling people that they could legitimately hack the side off a TPO tree.

 

The bit that wouldn't make you very happy would be where you get prosecuted, fined and end up with a criminal record.

 

The bit that wouldn't make the homeowner very happy is the fact that there is an offence for the tree-worker and the tree-owner.

 

Allow me to elaborate...

 

To claim exemption from the T&CP Act with regard to overhanging branches, you would have to prove that the work you undertook was neccessary to abate an "actionable nuisance". This is taken to mean "...that which has, or could foreseeably cause direct damage."

 

There is no such exemption for "hanging over my garden and blocking the light to my sunlounger". Your common law right to prevent tresspass by limbs or roots does not exclude you from the statutory protection of trees.

 

This is strict liablility we're talking about. You have to prove that you have not committed an offence. No evidence?? You could find yourself prosecuted, maybe end up with a criminal conviction (try getting insurance/finance then!) and being fined £2500 for unauthorised pruning.

 

Loopholes? Professionals prefer to call them exemptions. Dead or dangerous trees are exempt from statutory protection. You have to prove that they are exempt.

 

The "prudent landowner/homeowner" to which you refer was a term used in the 1985 Smith v Oliver case. Though the defendent was found not guilty of an offence after topping 5 sycamore in a CA without notifying the LPA the judge concluded in his summing up (my empahsis):

 

"Of course it does not mean that any individual who owns trees and wishes to remove them can say to himself, 'having regard to their position, the way they have been planted and their unsuitability, I can see that in a number of years they are going to constitute a danger' and then cut them down. One has to look at the position at the time. If such damage is far off, remote and not immediate in the sense that I have just described, the trees do not come within the meaning of the exemption".

 

http://www.aie.org.uk/resources/case_law/aie_case_smol.html

 

Further information regarding boundary trees and the law can be found within my star witness - Arb Practice Note 11 which I have attached as a .pdf, bear in mind that this is considered to be best practice and as such may be referenced in legal proceedings.

[mikecotterill]

 

see if this works cos ive never put pictures up on a website b4.

 

 

so what are the chances of this tree recovering? also what do people think of the job, apart from the obvious where he hasnt done a bottom cut?

[mikecotterill]

apologies for size. no idea how to make them smaller.

[Mr Ed]

Tree will recover (with time), but I would be mighty angry if that was my tree.

Wonder how the neighbour would feel if you walked round and stuck a boot through his 42 inch plasma screen telly? Amounts to the same thing.

[Andy Collins]

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

[Amelanchier]

Tree will recover (with time), but I would be mighty angry if that was my tree.

 

Ha, I'd be frothing at the mouth with the fury!!

[treediver]

Beech dont respond well to being butchered.

I'd give it A+ for top quality pikey workmanship.

..Though of course anyone could have mangled and I'm just being prejudice..

[Mesterh]

We are talking about boundaries here not rights to light or just hacking tpo trees to pieces.

 

When I get a chance i will speak to a Proffessional consultant who has been to court with these matters and post the results.

 

Oh and btw I dont go round telling potential customers its ok to go and start hacking trees back to boundaries willy nilly.

[skyhuck]

I would be INCANDESCENT WITH RAGE, how dare they!!!!!!!!!!!!!