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jaybo1973

neighbours tree

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No it isnt

 

Really? Obviously I think it is true (I posted it in the first place), but I'm interested in hearing why you think it isn't.

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No it isnt

 

 

I am sorry friend your wrong dumping without permission is fly tipping wether it's your rubbish ore not on any property/ land. And that's fact. Read it up in law books.

 

 

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I am sorry friend your wrong dumping without permission is fly tipping wether it's your rubbish ore not on any property/ land. And that's fact. Read it up in law books.

 

 

Sent from my iPhone using Arbtalk mobile app

 

Give us a clue then, what books did you read it up in?

 

If the branches are the property of the tree owner you cant fly tip them because they are his property, the very worse it can get is trespass and that's unlikely.

 

If the tree owner did seek an injunction the other party can offer a counter suit to recover the cost of disposal of the offending branches.

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You can ask the neighbour if he wants them back but if he says no then you can't simply throw them over in his property

 

 

Sent from my iPhone using Arbtalk mobile app

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Really? Obviously I think it is true (I posted it in the first place), but I'm interested in hearing why you think it isn't.

 

The branches are the property of the tree owner removing them without permission is theft. They are also part of the tree owners property and while they may leave is property for a short while for handling reasons they don't effectively leave his land.

 

How can that be fly tipping, would any judge convict you of fly tipping under those circumstances? Has anyone been convicted of fly tipping under those circumstances?

 

Continuing from that, it is accepted that recovering costs from a non actionable nuisance is as good as impossible the same cant be said for the disposal of the waste and there is no reason the offended party should bear the cost of disposal.

 

If the tree owner refused the return of the waste the other party can offer an action to recover the cost of disposal. Once that is made clear to the tree owner the likelihood of them declining is greatly reduced and the likelihood of an injunction is in the realms of the uberstubborn

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[ATTACH]153402[/ATTACH]

 

 

Sent from my iPhone using Arbtalk mobile app

 

Is that a "law book"?:laugh1:

 

and if you read it, it says "yours to dispose of", that doesn't say you cant return it to the owners property.

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The branches are the property of the tree owner removing them without permission is theft. They are also part of the tree owners property and while they may leave is property for a short while for handling reasons they don't effectively leave his land.

 

How can that be fly tipping, would any judge convict you of fly tipping under those circumstances? Has anyone been convicted of fly tipping under those circumstances?

 

Continuing from that, it is accepted that recovering costs from a non actionable nuisance is as good as impossible the same cant be said for the disposal of the waste and there is no reason the offended party should bear the cost of disposal.

 

If the tree owner refused the return of the waste the other party can offer an action to recover the cost of disposal. Once that is made clear to the tree owner the likelihood of them declining is greatly reduced and the likelihood of an injunction is in the realms of the uberstubborn

 

I have never cut overhanging branches & returned them to the owner, neither has anyone I know, it would most likely result in an action.

 

So tell me Treequip, do you return these overhanging branches to the owner, without their consent, I bet you dont!:001_rolleyes:

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