Advice in killing an acacia

[sasha.p]

No wont be trasspassing at all infact the lean on the tree is really unusual as its trunk comes up the wall over the top of the wall it sat on top of it from what I remember and all of the crown is in the customers garden as the tree officer agreed its dead dying etc so needs to be removed its just the bloke who has the base of the trunk in his garden next door that im worried over as he sounds like a right pain in the as they have asked him over and over I think he is doing it deliberatly as knows its winding them up or something...as its only small I was going to use my silky loppers pole and silky saw and work from the ground on the crown then dismantle whats left of the trunk up to where it comes over the boundry it is not in the best health anyway so hopefully it will continue to die off but my customers concern is if it was left it would take the wall down like the neighbours previous tree so wants it dealt with wich is understandable but the bloke next door seems to be awkward

[HCR]

Well any works shouldn't leave the tree in a dangerous condition but otherwise I am not so sure about harming the tree, if the tree cannot survive without the ongoing nuisance, then it simply cannot survive.

 

Surely the health of the tree cannot be used to licence a trespass?

 

The defence of necessity exists in relation to trespass, however, there must be an actual or reasonably perceived danger in relation to the course of action taken by the alleged trespasser.