neighbours tree

[skyhuck]

I have to disagree, when some wealthy neighbor asks me to cut the overhang off a tree owned by a little old lady on limited income, & expects her to pay for his action.

 

That post make no sense at all

[treequip]

If an arborist pruned trees for a council in a large park, then dumped the arisings in another part of the park, is that unlawful tipping?

Errrr, if its the councils tree and their land and the arb is engaged by them there is no issue.

 

What no judge would ever allow is the preventing of a person from quiet enjoyment of his land. To take things to an extreme, consider a person with a small garden that happened to have a very large tree growing in it, a large part of which overhang a neighbouring property. The tree owner comes home from work to find his entire small garden buried under a tonne of large branches. I know this is totally separate from fly tipping, but shows why, in my opinion, the law would not support dumping the waste in the tree owner's garden.

Accepted but equally there is no reason someone should pat for the disposal of another's waste

 

Back to fly tipping - as I understand the law it is the act of depositing a controlled waste (arb arisings are a controlled waste) in a manner other than is permitted. Who owns the waste may be useful evidence, but alone it does not determine the matter.

It cant be guaranteed to determine the matter but it will be a huge factor.

 

I am not certain that the tree owner does own the arisings. If he accepts ownership then clearly he does, but if he doesn't I'm not sure. I'm not aware of any case law on the matter either.

Its a well established fact that the arising's belong to the tree owner

[tarzan]

Strong with two sugars, & custard creams, but NO DUNKING, filthy habit.

 

 

What you have to dunk. That the British way. DUNK DUNK SLERP SLERP.

 

 

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[Rupe]

I think theres some people on here who dont quite realise who they are talking to sometimes. A lot of advice on this forum, not necessarily this thread, comes from people who have been round the block several times, and have come accross these problems and dealt with them many times over.

 

I dont consider myself one of those as I am always learning from others, but in 22 years of tree work I have never known any neighbours actually go to a court over who disposes of debris! Theres a right way to deal with these situaltions and that is to take each situation on its merits and work out what is best for everybody involved, including the tree.

 

That is achieved by discussion and communication, not by quoting "laws" and trying to interpret meaning from such laws, many of which are old and open to huge variotions depending on all manor of things.

 

An ability to communicate and assess the needs of neighbours is vital, and a degree of negotiating skills, diplomacy and maybe an actual degree in phsychology can be really handy !! Having all those skills in abundance means I get these jobs completed to everyones satidfaction nearly everytime, I get paid, the tree lives, everyones happy and no "law" is ever mentioned, or broken. With trespass you have to have a complaint first, its not tresspass if no one minds!! (i.e. you have permission)

 

Do the right thing and you dont need to worry about the "law".

[tarzan]

Errrr, if its the councils tree and their land and the arb is engaged by them there is no issue.

 

 

 

 

 

Accepted but equally there is no reason someone should pat for the disposal of another's waste

 

 

 

 

 

It cant be guaranteed to determine the matter but it will be a huge factor.

 

 

 

 

 

Its a well established fact that the arising's belong to the tree owner

 

 

And when doing park works and adjacent trees in neighbours property over hang in the park we simply don't cut them and leave the in the garden.

 

 

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[geoff]

That post make no sense at all

 

Just a reversal of the rich/ poor aspect of your point, which switches the moral slant.

[geoff]

I think theres some people on here who dont quite realise who they are talking to sometimes. A lot of advice on this forum, not necessarily this thread, comes from people who have been round the block several times, and have come accross these problems and dealt with them many times over.

 

I dont consider myself one of those as I am always learning from others, but in 22 years of tree work I have never known any neighbours actually go to a court over who disposes of debris! Theres a right way to deal with these situaltions and that is to take each situation on its merits and work out what is best for everybody involved, including the tree.

 

That is achieved by discussion and communication, not by quoting "laws" and trying to interpret meaning from such laws, many of which are old and open to huge variotions depending on all manor of things.

 

An ability to communicate and assess the needs of neighbours is vital, and a degree of negotiating skills, diplomacy and maybe an actual degree in phsychology can be really handy !! Having all those skills in abundance means I get these jobs completed to everyones satidfaction nearly everytime, I get paid, the tree lives, everyones happy and no "law" is ever mentioned, or broken. With trespass you have to have a complaint first, its not tresspass if no one minds!! (i.e. you have permission)

 

Do the right thing and you dont need to worry about the "law".

 

Common sense does normally prevail in reality, i agree. I also consider myself reasonably experienced in this topic.

[HCR]

I think theres some people on here who dont quite realise who they are talking to sometimes. A lot of advice on this forum, not necessarily this thread, comes from people who have been round the block several times, and have come accross these problems and dealt with them many times over.

 

I dont consider myself one of those as I am always learning from others, but in 22 years of tree work I have never known any neighbours actually go to a court over who disposes of debris! Theres a right way to deal with these situaltions and that is to take each situation on its merits and work out what is best for everybody involved, including the tree.

 

That is achieved by discussion and communication, not by quoting "laws" and trying to interpret meaning from such laws, many of which are old and open to huge variotions depending on all manor of things.

 

An ability to communicate and assess the needs of neighbours is vital, and a degree of negotiating skills, diplomacy and maybe an actual degree in phsychology can be really handy !! Having all those skills in abundance means I get these jobs completed to everyones satidfaction nearly everytime, I get paid, the tree lives, everyones happy and no "law" is ever mentioned, or broken. With trespass you have to have a complaint first, its not tresspass if no one minds!! (i.e. you have permission)

 

Do the right thing and you dont need to worry about the "law".

 

I totally agree with all that, and the fact that the profession generally operates this way is partly the reason that there aren't volumes of case law.

 

I'm just curious - I have a law degree and obviously work in the world of trees, as I have done for 2 decades. Call me sad, but I find it fascinating.

[tarzan]

Common sense does normally prevail in reality, i agree. I also consider myself reasonably experienced in this topic.

 

 

Some people just think there all ways right and don't like it when they get confronted and 20 years in this industry is no short time for me.

 

 

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[geoff]

Must say, the differing opinions on the last page or so are thought provoking, I have expressed my views, & have no need to repeat them.