neighbours tree

[daltontrees]

  skyhuck said:

It always gets resolved, it's clear you are entitled to remove to boundary and over hanging 'trespassing' branches. (So long as there is no TPO or CA)

 

If pedants wish to argue about wether its 'Law' or some other means that makes this the case, good luck to them, but it don't interest me

 

It's not that simple, yest there is a right to cut back to the boundary but it's how and when and with what regard to the risk that might be created for the tree owner that is the important refinement of the law. Or maybe you are not interested. Could get yourself or a customer in trouble some day.

 

I should state it another way. Acting reasonably in relation to others is the law. What you can do within that in relation to trees is the refinement and does not replace it.

[Gary Prentice]

  treequip said:

The errant parts of the tree are committing a trespass all of their own without penalty.

Q. What's the penalty if you commit a trespass (without causing damage)?

A. None, well nothing you would be concerned about.

 

Can you trespass to exercise a common law right ? You can, by prior arrangement, enter your neighbours property to maintain your own property. But in these cases your not doing that.

 

I would assume that 1) you are trespassing on/in their property and 2) you are causing damage by cutting lumps off of the tree.

 

You may exercise your common law rights but does that give you the right to trespass to do so?

[Andrew Gale]

If I may suggest that Mynors 'The Law of Trees, Forests and Hedges' is read ref encroaching branches etc (section 4); I shan't go through it all here, but in my opinion it's pretty much spot on.

 

Regarding the issue of access into the crown of the tree to carry out the works, is the gate wide enough for a small tracked MEWP? With a MEWP you'd be able to achieve some very fine tip pruning and any heavier pruning required.

[tarzan]

  HCR said:

Section 33 of the Environmental Protection Act 1990 would cover it nicely. If you dump the arisings over the fence it's fly-tipping.

 

 

That's true.

 

 

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[tarzan]

When I've worked on trees that have disputes with neighbours I've all ways kept out of the neighbours garden. When you cross that fence by ladder rope ore foot it is trespassing.

 

 

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[tarzan]

I have it lucky that my Uncal is the owner of Saunders law and litigation in London so when I need info I call him and his team and they give me advice on the matter.

 

 

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[Gary Prentice]

  Andrew Gale said:

If I may suggest that Mynors 'The Law of Trees, Forests and Hedges' is read ref encroaching branches etc (section 4); I shan't go through it all here, but in my opinion it's pretty much spot on.

 

Regarding the issue of access into the crown of the tree to carry out the works, is the gate wide enough for a small tracked MEWP? With a MEWP you'd be able to achieve some very fine tip pruning and any heavier pruning required.

 

Can you be a bit more specific, as to the page numbers, the only reference I can find is in relation to giving notice, due to the likelihood of committing trespass. ( lemon v Webb. )

[treequip]

  tarzan said:

That's true.

 

 

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No it isnt

[daltontrees]

  btggaz said:

Can you trespass to exercise a common law right ? You can, by prior arrangement, enter your neighbours property to maintain your own property. But in these cases your not doing that.

 

I would assume that 1) you are trespassing on/in their property and 2) you are causing damage by cutting lumps off of the tree.

 

You may exercise your common law rights but does that give you the right to trespass to do so?

 

No. If the neighbour has explicitly stated that you are not welcome for whatever purpose, I imagine they would have no difficulty getting an injunction to enforce their right to exclude you. Continued trespass would then be contempt of court.

There are defences against actions of tort against trespass but none of them would apply here. Perhaps the best illustration is for the defence of 'necessity'. The word says it all; if the prunuing can be done with a scaffolding tower from within the nuisanced property, it is not 'necessary' but only desireable or cheaper to trespass by climbing the tree within the neighbour's boundary.

[Stubby]

Monty Python ??? Is this the full argument or just a 5 min one ?