Un-adopted Trees

[Gary Prentice]

My apologies to everyone who has posted, having started the debate and promptly pretty much forgotten it. (trying to keep too many balls in the air at the moment)

 

Having visited the site, I can put things into a better prospective. I should have done that first before posting. The 'dangerous' tree has dropped a limb, around 30mm in diameter. From its location I'd imagine its been struck by a refuse wagon or similar.

 

The tree's a nice willow, good leaf colour, size and density. The only real issue is the canopy spread across the road towards the clients property. I'm truly sick and tired of wasting my time visiting reportedly 'dangerous' trees that turn out to be too big, blocking satellite reception and dropping leaves (in autumn). What's with the equation of nuisance meaning dangerous?

 

So lots of great answers, to a thread that has become hypothetical.:thumbup:

[daltontrees]

What's with the equation of nuisance meaning dangerous?

 

So lots of great answers, to a thread that has become hypothetical.:thumbup:

 

Nuisance as you probably appreciate means two things. 1. a pain in teh *rse because of leaf fall and satellite singal. 2. A potentially actionable encroachment, a strictly legal issue.

[Gary Prentice]

Nuisance as you probably appreciate means two things. 1. a pain in teh *rse because of leaf fall and satellite singal. 2. A potentially actionable encroachment, a strictly legal issue.

 

'Dangerous'='nuisance'= 1.A pain in the posterior because of leaf fall & satellite signal=waste of my time (again!)

 

 

 

Good conference BTW?

[daltontrees]

A fab conference, I doubt if there will be one like it for a long time. Were you there? It wouldn't have answered your thread but it seemed to address a lot of generalities that point to answers to most questions. For an anorak like me anyway...

[Gary Prentice]

Didn't go, as I only actually rejoined the AA a few weeks back. I think I'll definitely make the effort to attend future events though, as my professional development proceeds. I'm just beginning a new direction, away from the tools, so I've still the opportunity to find my inner anorak.

[MATTMOSS]

I have now been told on good authority that a tree which is located on unregistered land is the responsibility of the LA.

Whether the LA has an obligation to do the land search is another question but if this evidence were presented to them they can take action.

[AA Teccie (Paul)]

Sorry, late to the party...again.

 

Regarding the initial post, I would suggest the resident(s) put pressure on the Local Authority / Highway Authority (as may not be one and the same) to act under the safety of the highway and 'users' issue, regardless of ownership. This assumes there is a road around the roundabout and it is adopted, i.e. Highway Authority maintainable.

 

Also, I was previously advised by an LA solicitor that whilst the LA can put charges on land for certain things, such that it is reimbursed at some later date if the landowner changes, this does not include 'dangerous / obstructing trees' etc. (Just what I've been told, albeit by a 'legal eagle', so not sure it's an absolute.)

 

Hope this helps...a little.

Paul

[fagus]

A charge on the land opinion may vary from LA to LA but I do not see why not, it is a debt under an Act that like any other that can be registered.

My experience is that a likely charge on the property is often stated and that is usually sufficient for house owners to take action,especially when told of hassle at sale time as it will hold up a property conveyance until it is paid by them i.e before they receive the sale money. Once stated someone usually comes forth out of the mist if ownership is not clear.

Similarly with a piece of land where ownership is unclear the LA can claim adverse possession which often has the same effect as above as land is money. However in these troubled times getting LA legal services to devote time to it will come down to priorities.

Solicitors are pragmatic in my book and if it is going to cost say £150 to sort the tree against hours and thousands to establish ownership their advice will be to sort the tree and move on;there is enough legislation to sort out danger.