Unauthorized pruning

[Mesterh]

 

In this country "shade" is not a legal "nuisance", as far as I'm aware you have little or no right to light, in order for it to qualify as "nuisance" you would need to be in such darkness as to need your lights on all the time.

 

Thats were I think the law is an ass.

 

Why can someone be denied permission to erect an extension but then be allowed to grow a forest of lombardy and conifers!

 

Makes no sense and I do feel sorry for the poor buggers that have to put up with selfish neighbours.

 

No excuse for what happened in this thread though.

[skyhuck]

Thats were I think the law is an ass.

 

Why can someone be denied permission to erect an extension but then be allowed to grow a forest of lombardy and conifers!

 

Makes no sense and I do feel sorry for the poor buggers that have to put up with selfish neighbours.

 

No excuse for what happened in this thread though.

 

I agree.

 

I believe in France you even own your view and if some one wishes to block it they must buy the view off you.

[Hodge]

I reckon that is Andy Collins in his safety Hi-Tecs.

 

I thought it looked like Mozza:)

[Jesse]

littletree- you do need the owners permission to cross the boundary or even to lean a ladder or climb the tree, but all is not lost because if they refuse you have the law on your side the "Access to neighboring land Act 1992" they can not deny you access but it may take a bit more time to gain. skyhuck- TBH trespass is braking the law and is an offense, others in there trainers and white transit vans may do it but we as professionals should not. treequip- the original photo showed the crown reduction work to be excessive so much so that the top had been removed , In this day and age an "expert legal team" would probably take on a case like this on a no win no fee basis. I'm now having a tinny.

[skyhuck]

littletree- you do need the owners permission to cross the boundary or even to lean a ladder or climb the tree, but all is not lost because if they refuse you have the law on your side the "Access to neighboring land Act 1992" they can not deny you access but it may take a bit more time to gain. skyhuck- TBH trespass is braking the law and is an offense, others in there trainers and white transit vans may do it but we as professionals should not. treequip- the original photo showed the crown reduction work to be excessive so much so that the top had been removed , In this day and age an "expert legal team" would probably take on a case like this on a no win no fee basis. I'm now having a tinny.

 

not a chance, IMO

[Jesse]

not a chance, IMO

 

It could be an expensive day and I for one would not wish that on any contractor:thumbdown: once those over paid suits get involved it all slides down hill,for you that is, these cases can go on for years once the barristers get involved and that uncertainty of an out come over a number of years will do you in, I speak with some personal experiences and yes I had to sell the white van and now shop at oxfam for my trainers and clothes so its a very good thread and has probably answered a lot of uncertainties. Its also one of the reasons why I decided to go to collage late in life, Arb law is a very complex thing, and I have now read an awful lot of books

[skyhuck]

It could be an expensive day and I for one would not wish that on any contractor:thumbdown: once those over paid suits get involved it all slides down hill,for you that is, these cases can go on for years once the barristers get involved and that uncertainty of an out come over a number of years will do you in, I speak with some personal experiences and yes I had to sell the white van and now shop at oxfam for my trainers and clothes so its a very good thread and has probably answered a lot of uncertainties. Its also one of the reasons why I decided to go to collage late in life, Arb law is a very complex thing, and I have now read an awful lot of books

 

You have just listed all the reasons a "no win, no fee" Co would not touch it with a barge pole

 

I really don't think arb law is complex at all, I've been doing tree work full time for 18 years, cutting 1000's of trees back to boundary and never had any problems.

 

I really think you have made it out to be far more complicated than it is.

[bob]

looking at the picture they have certainly cut back beyond the boundary.

No legal right to do that

They have done work not within the interests of the tree.

Again no legal right

Obvious trespass to carry out the work and photo proof

Again no legal right.

They should of offered the branches back if not then it is again

No legal right

The clematis that grew into a court case - Telegraph

War over clematis costs woman 250 - Telegraph

I would hope they had actually asked the tree owners

Homeowner in court for pruning clematis | Mail Online

could not find the case i was looking for but there is a couple that certainly were smaller.

I would honestly look towards a few hrs research and a discussion with the local tree officer as to there thoughts as to any action desired both to the tree and the neighbours.

[benedmonds]

In this case the neigbour has cut back beyond their boundary and also a large portion of the tree which was over a public foot path.

 

They have gone well beyond what is reasonable IMO. They must have trespassed to do the work, and they have rendered the tree worthless now.. I will let you know what happens.

[skyhuck]

In this case the neigbour has cut back beyond their boundary and also a large portion of the tree which was over a public foot path.

 

They have gone well beyond what is reasonable IMO. They must have trespassed to do the work, and they have rendered the tree worthless now.. I will let you know what happens.

 

Totally agree, the neighbour is way out of order, as is the contractor who carried out the work.

 

But with our legal system your clients chances of getting justice are pretty slim, IMO.

 

If your client has loads of money and are of a mind set that can handle hassle, then they could go for it and I wish them the very best and hope they take their neighbour to the cleaners.

 

But you can waste a whole heap of money and a great deal of your life on these things.

 

If it were me I would get the neighbour to pay for the trees removal and replacement, with the threat of action if they refuse.