neighbours tree

[HCR]

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

 

When the branches are growing on the tree they are not waste; as soon as an arborist removes them from the tree and decides that they will be discarded, they become waste, which that arborist has a legal duty of care towards (EPA 1990 S34). That duty cannot be discharged by throwing the branches over a fence, whoever's fence it is.

 

Going back to the park, I see no reason why that scenario would be lawful, any more than if a builder demolished a building in a park and dumped the rubble in a different part of the park to save on tipping costs.

[skyhuck]

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

 

IME, the little old lady's on limited incomes are the first to maintain their own trees, not wishing to inconvenience others.

[geoff]

IME, the little old lady's on limited incomes are the first to maintain their own trees, not wishing to inconvenience others.

 

So I find it too, old school consideration, & a joy to come across Huck.

[tarzan]

So who's up for tea and biscuits 😍

 

 

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[Adam M]

Ah, but would that include chip & remove waste for £2k?

 

I would hope I'd be getting the branches laid in the back of a Transit and thrashed up with a saw to be dumped at a nature reserve for that price.

[treequip]

When the branches are growing on the tree they are not waste; as soon as an arborist removes them from the tree and decides that they will be discarded, they become waste, which that arborist has a legal duty of care towards (EPA 1990 S34). That duty cannot be discharged by throwing the branches over a fence, whoever's fence it is.

Going back to the park, I see no reason why that scenario would be lawful, any more than if a builder demolished a building in a park and dumped the rubble in a different part of the park to save on tipping costs.

 

But the branches don't belong to the arborist they are the property of the tree owner, he can say he doesn't want them but can he disavow ownership?

 

In the park scenario, LA's (an others) are fond of habitat piles, each one of which would be a breach of the rules but they serve a purpose.

[Adam M]

I can't find reference to this coville vs finch overhanging apple tree case, nor does it ring any bells for something I've heard of. Can anyone confirm the names please as I think one or both are misspelled (did I just mispel mispelt then???).

[daltontrees]

But the branches don't belong to the arborist they are the property of the tree owner, he can say he doesn't want them but can he disavow ownership?

 

In the park scenario, LA's (an others) are fond of habitat piles, each one of which would be a breach of the rules but they serve a purpose.

 

Please!?! OP has presumably run off screaming wishing his original question, which hasn't really even been answered by consensus, had never been put.

 

Quoting Mynors "It should not be forgotten tha tthe owner of the tree owns overhanging branches, both before and after they have been severed from the remainder... Once a branch has been severed, therefore, it should be offered back to its owner, and only disposed of with the owner's consent."

 

It seems clear enough to me that since it is not an offence to allow a branch to encroach (many many people tolerate and even enjoy this sort of encroachment), the owner may be content too to own a living branch but not wish to own a dead one, hence the duty of the abater to offer and then only dispose with the owner's consent. The branches may still belong to the tree owner, but he would not be faced with disposal costs if the branches had been left to grow. Since encroachment is tolerated more often than not as an ordinary, natural facet of life, it is on balance fair that the abater should dispose if allowed to by the owner.

 

The arborist is just the agent of the abater. His duties to chip, dump, transport etc are a secondary issue. Let's not get the two mixed up. Also it is I find very wise not to mix up everyday pragmatics like resolving disputes amicably with the legal position if it all goes horribly wrong. If it goes wrong the law will decide who is right based on the assumption of two hypothetical reasonable people.

 

It follows that if a pragmatic non-confrontational person wants some light into their garden the arborist should be able to advise them of their rights and then exercise a different skill by suggesting or brokering a compromise solution. A few people on Arbtalk are making the mistake of assuming that because most situations are resolved without a fight on the day that the law is too strict, too old or just wrong. It's not. It's there as a fallback and a framework for reasonable behaviour and compromise.

 

As I said about 10 pages back, this subject never gets resolved. Not for want of the clear and settled correct answers being readily available but because of confusion and possibly more than a little stubbornness amongst individuals who are prepared to state that they know the law better than the law does. It does our industry and our customers no favours.

[tarzan]

I can't find reference to this coville vs finch overhanging apple tree case, nor does it ring any bells for something I've heard of. Can anyone confirm the names please as I think one or both are misspelled (did I just mispel mispelt then???).

 

 

It was a case my uncle had a dealing with.

 

 

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[armybloke]

So what is the outcome of the original request some 14 pages ago? Are you going to keep the tree looking nice or prune the tree and imbalance the crown?

 

I say keep as is and live with the benefits!

 

Retain or prune????