what would you do?

[detritus21]

As it turns out the tree in question is tpo'd as the extra 6 foot of garden falls into the tpo. Strangely the client went all quiet and then very flustered despite being told its easy for us to apply on her behalf

[HCR]

It's not so much the boundary of the garden that matters, as the boundary of the TPO. Half the garden boundaries in the country are in the wrong place for one reason or another, and it seems unlikely you would get any grief from the woodland owner if you cut down their tree having been told that it belonged to the garden. (1) They presumably haven'y complained about the fence and (2) How would they know?

 

However...as others have said, it might be one worth turning your back on. At the very least I'd want something from the Council stating that the TPO didn't apply to the tree in question (not just a 'here's a copy of the order, make your own mind up').

 

Don't rely too heavily on the Land Registry - is the house registered? Is the wood registered? There could well be unresolved issues of adverse posession, which of course wouldn't show up on a cadastre anyway.

[HCR]

Ah, you snook a post in while I was typing

[Rich2484]

As it turns out the tree in question is tpo'd as the extra 6 foot of garden falls into the tpo. Strangely the client went all quiet and then very flustered despite being told its easy for us to apply on her behalf

 

If they went flustered when you mentioned all this IMO they have had someone look at the tree before and said exactly the same thing.

 

Seems they were just after some cowboy who doesn't think about checking these things and just cuts them down.....

[Rich2484]

Ps, I'm not saying anyone is a cowboy as you have thought about the tpo and done the right thing.

[jaime bray]

Ps, I'm not saying anyone is a cowboy as you have thought about the tpo and done the right thing.

 

Has arbtalk got that petty that everybody is on their guard against being slated for being misconstrued as insulting someones character. Or is it the facebook mentality that appears to be drifitng into society..

 

Seems some people just like to highlight negatives at any given opportunity.

 

We actually no longer have the freedom of speech anymore

[Rich2484]

Somehow it seems to happen and someone would soon be ready to jump in and quote that but highlighting the cowboy bit with some sort of response along the lines of, oh so we're all cowboys now or similar, it's easier to explain a post than see another thread go in the wrong direction.....