Unauthorized pruning

[Japanese Rowan]

When it drops on his house he will regret asking some bloke with blinding white adidas stan smiths and a long ladder....

[Jesse]

Sure its a nice looking tree, but would you honestly want it (before or after) next to your property, its grown way to big for the surrounding area,id guess its been butchered on purpose and maybe the owner will now get rid. At least now the neighbours lawn will grow and they wont need their lights on all day.

 

I couldn't agree more, wrong tree wrong place, I can never understand why people don't consider the growth potential of a tree before they plant it , the only law that I see that may have been broken is trespass and without any evidence of trespass they would not have a case unless they took away the arisings and failed to offer them back in which case the owner of the tree would have grounds to claim compensation as the offense is theft. I personally didn't like the tree before it was pruned but I much prefer its new look, its minimalistic, artistic , Damian Hurst springs to mind, it could set a new trend O wait a minute, don't the utility company's already commission works of art like this?

[Jesse]

I couldn't agree more, wrong tree wrong place, I can never understand why people don't consider the growth potential of a tree before they plant it , the only law that I see that may have been broken is trespass and without any evidence of trespass they would not have a case unless they took away the arisings and failed to offer them back in which case the owner of the tree would have grounds to claim compensation as the offense is theft. I personally didn't like the tree before it was pruned but I much prefer its new look, its minimalistic, artistic , Damian Hurst springs to mind, it could set a new trend O wait a minute, don't the utility company's already commission works of art like this?

 

Just a bit of advice which may serve as a warning to some, whilst I personally did not like the tree, if theft of living branches takes place compensation would not just be based on a valuation of branch wood loss, (timber value) it would be based on the Amenity Value of the tree before the unauthorized work was carried out . In this instance going by the photos it could £10 £15 or even £20,000 and also depending on if the act has effected the owner in any way there could also be a personal injury claim (depression) also loss of earnings through time off work because of ill health problems , the list goes on. Visual Amenity Tree Valuations are fast becoming the method in which claims are now settled and its big bucks and its long over due. Some good courses are about run by the AA, and some good books available .

[James Cantle]

might be a bit ballsy writing this but how do you no that a non proffesional did that? i think everyone on here has had their fair share of butchering back trees that really shouldnt be butchered back but with how hard times are if you dont do it some one else will. im not saying its a good job by any means but if thats what the customer wants then what else can you do. theres only so much you can tell customers about trees because they no whats best. i.e what they think will benfit them more from the money they are paying.

[James Cantle]

and if it did have a tpo and they didnt have permission then they should get fined but what else can you do...

[Le Sanglier]

might be a bit ballsy writing this but how do you no that a non proffesional did that? i think everyone on here has had their fair share of butchering back trees that really shouldnt be butchered back but with how hard times are if you dont do it some one else will. im not saying its a good job by any means but if thats what the customer wants then what else can you do. theres only so much you can tell customers about trees because they no whats best. i.e what they think will benfit them more from the money they are paying.

 

Sort of what I was thinking.

[skyhuck]

Just a bit of advice which may serve as a warning to some, whilst I personally did not like the tree, if theft of living branches takes place compensation would not just be based on a valuation of branch wood loss, (timber value) it would be based on the Amenity Value of the tree before the unauthorized work was carried out . In this instance going by the photos it could £10 £15 or even £20,000 and also depending on if the act has effected the owner in any way there could also be a personal injury claim (depression) also loss of earnings through time off work because of ill health problems , the list goes on. Visual Amenity Tree Valuations are fast becoming the method in which claims are now settled and its big bucks and its long over due. Some good courses are about run by the AA, and some good books available .

 

Surely thats only if the branches are not over hanging other peoples land.

 

You do not have the right to impose your branches on others (TPO not withstanding)

 

I had one a few months back, neighbour agreed to overhanging branches being cut back, we arrive to do the job, customer and neighbour have fallen out, neighbours daughter and friends tell me cannot do the job. I point out we can, they make threats, I laugh and begin work, the police arrive, I point out the law, the police agree, we finish job and get paid, customers daughter pulls faces at us through the window

[Jesse]

Surely thats only if the branches are not over hanging other peoples land.

 

You do not have the right to impose your branches on others (TPO not withstanding)

 

I had one a few months back, neighbour agreed to overhanging branches being cut back, we arrive to do the job, customer and neighbour have fallen out, neighbours daughter and friends tell me cannot do the job. I point out we can, they make threats, I laugh and begin work, the police arrive, I point out the law, the police agree, we finish job and get paid, customers daughter pulls faces at us through the window

Every case is different , you are correct regarding over hanging (nuisance) branches , but you will of committed an offense if you did not obtain the owner of the trees permission to remove the branches from site, if you do not obtain permission you should leave the branches safely on there land otherwise the offense is theft. In this instance lets say, the tree did have good form and looked to be of high value to the local landscape , half the crown was removed , lets agree no offense as the tree was not TPO'd or in a CA, the offense was only committed by removing the branches without the owners consent (theft) In court you then have to value those branches and this is where it begins to get very expensive for the contractor.One last point, asking a random policeman advice on law especially civil law is not what I would recommend.

[skyhuck]

Yes I asked the neighbours daughter, in front of the police if they wanted the branches, they did not.

 

Do you have an example of compensation being paid for "theft of branches" as I have heard throwing the branches onto the tree owners land can be seen as "un neighbourly"

 

I don't see how branches being stolen can then lead to an offence relating to the "amenity value" of the tree?????????

 

If I build a very beautiful extension on my home, but it overhangs my neighbours land, what right do I have to effectively steal my neighbours air space??????

 

PS, I told the police officer the law, I did not ask, he got a bit shirty and said "I know the law!!!":biggrin:

[Jesse]

Yes I asked the neighbours daughter, in front of the police if they wanted the branches, they did not.

 

Do you have an example of compensation being paid for "theft of branches" as I have heard throwing the branches onto the tree owners land can be seen as "un neighbourly"

 

I don't see how branches being stolen can then lead to an offence relating to the "amenity value" of the tree?????????

 

If I build a very beautiful extension on my home, but it overhangs my neighbours land, what right do I have to effectively steal my neighbours air space??????

 

PS, I told the police officer the law, I did not ask, he got a bit shirty and said "I know the law!!!":biggrin:

I'm only stating how things can escalate, and yes it is very un neighborly to throw branches over the fence but I didn't make the Law. (The Theft Act 1968) Branches being stolen was the offense, to gain compensation you have to have a valuation, the branches were of high value as they formed one half of a High Valued Amenity tree, then there is the health of the owner to consider? depression? loss of work? it goes on , do you sort of see now? I'm only highlighting what Arbs should be aware of, When things go wrong and an expert legal team get there teeth into it, you could loose everything. Me, if I even sniff the slightest issue developing we stop everything and double check all permissions are in place or walk away until issues are resolved