neighbours tree

[treesrus]

totally agree with Armybloke, the tree was there first, learn to live with it!

[Gary Prentice]

 

If I couldn't get at least 2 anchor positions of at least 50mm diameter that were entirely in the client's airspace, including one suitable for descent on a rope and cambium saver,

 

The neighbour has said no trespass, that means no trespass. Why recommend a rope-and-harness solution that can't be implemented?

 

The tree is the neighbours property, regardless of where the limbs grow ( they recognise no boundary) so surely accessing/ climbing the tree would be trespass.

 

Point of law brought up at college but not actually verified yet.

[Gary Prentice]

Tree looks lovely as it is. Does upset me when people want to butcher a perfectly healthy tree because of;

Seeds

Leaf litter

Shade

Stops you from drying washing - really?? Thought the wind would do that not the tree!

Stops the children from enjoying the sun - really - do you not ever let them out of the garden?? There is probably a suitable park/beach/river/open space near your home?

 

If that tree were TPO'd and you had made an application for those reasons you would have had a very negative reply!

Let's put this into perspective shall we;

 

Seeds - fair enough the average Birch will distribute 5,900,000 seeds per kilogram of seeds during a period lasting probably, and no more, 30 days. You still have 335 seed free days a year. Replant with a Sweet Chestnut and you'd only get 250 seeds per kilo and you could eat them at Christmas.

 

Leaf litter - the tree will generally shed its leaves around September/October time over a period of about 40 to 50 days and not all at once. Bearing in mind the leaves are quite small in comparison with a Horse Chestnut for example you are very lucky. The leaf litter acts as a renutrifying agent in the soil of your beautiful garden and saves you money with having to buy compost or grass enhancing mix. Also worms will be attracted to the garden and therefore aerating the soil reducing the risk of hydrology imbalance and flooding. Leaves will also remove the impurities in the atmosphere providing cleaner air for your children to breath. They also balance the thermal properties of the surrounding structures and regulate humidity keeping you and your family cool in the sunshine that causes cancer, dehydrates you and can kill in extreme conditions (we had extreme water so how about extreme hot like the Australians experienced this year?) Dappled shade of Brich v complete darkness under a Beech?

 

Shade from the sun your children are deprived of - lets be honest how many days sun do we get a year? For those infrequent days it is with us wouldn't it be more appropriate to take your children out of the garden and to the beach or somewhere equally tranquil to enjoy the pleasures of this fine country? Also the shade is transient, that big orange balloon that occasionally appears in the sky stays still but our little planet spins around it at approximately 1037.5646 mph (at the equator) and so the tree casts shade across different parts of your property. Move your deckchair to meet the sun?

 

Other elements you have not suggested;

Oxygen - the tree is providing you with much needed oxygen reserves. A fully grown Beech will sustain a population of only 10 people for one year.

Water - the average mature tree drinks 17000 litres a year - your garden is going to get soggy!

 

So in essence, that tree has probably been there before the estate was built or not long after. You moved in knowing the tree was present and did not take steps (like find another house south facing with no trees in view) and therefore taking it out on a poor defenseless tree is a crying shame!

 

Have another think about it!

 

Totally agree, but you forgot particulate capture, particularly pm2.5 the smaller more harmful pollutants that travel furthest from the source.

[treequip]

The tree is the neighbours property, regardless of where the limbs grow ( they recognise no boundary) so surely accessing/ climbing the tree would be trespass.

 

Point of law brought up at college but not actually verified yet.

 

 

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.

[treequip]

totally agree with Armybloke, the tree was there first, learn to live with it!

 

If what came first wins, the common law right to abate a nuisance existed a long time before that tree came into being.

[Rich2484]

Heard a good one today. But it was opposite side of the story.

 

One of the lifeboat lads neighbours actually cut down his tree. Removed the fence panel and felled it in two onto her garden.

 

He has been having land disputes with her over boundaries. But this was all sorted by solicitors. It is his land.

 

Suffice to say the people who done the work where not the professional type. He said that all he could do was watch as they refused to stop when asked, they tried cutting straight for the bottom but it started to split so had to ladder up.

 

He is persuing her for damages and a replacement tree. Trunk dia was 14inch home oak. The cheapest price for same tree of a similar size (but a but smaller obviously) was 6000,

 

She had come onto his land and cut down his tree. His ins company are taking her to the cleaners. The company she had in to do the work has been unable to contact. So she is facing the brunt of it.

[daltontrees]

Heard a good one today. But it was opposite side of the story.

 

One of the lifeboat lads neighbours actually cut down his tree. Removed the fence panel and felled it in two onto her garden.

 

He has been having land disputes with her over boundaries. But this was all sorted by solicitors. It is his land.

 

Suffice to say the people who done the work where not the professional type. He said that all he could do was watch as they refused to stop when asked, they tried cutting straight for the bottom but it started to split so had to ladder up.

 

He is persuing her for damages and a replacement tree. Trunk dia was 14inch home oak. The cheapest price for same tree of a similar size (but a but smaller obviously) was 6000,

 

She had come onto his land and cut down his tree. His ins company are taking her to the cleaners. The company she had in to do the work has been unable to contact. So she is facing the brunt of it.

 

I hope he takes her to the cleaners...

[kev7937]

So do the contractors amongst us when they get called out to quote/advise in these situations turn the work down if the client insists on cutting back to boundary? Or do you crack on in the knowledge that if you don't do it someone else will take the coin and possibly leave the tree in a worse state than you would have.

 

 

How many can honestly say they refuse to remove healthy trees with potential on moral/environmental grounds?

[tarzan]

Back in 2006/7 there was a case between covile vs finch regarding a apple tree growing over a neighbours conservatory in a witch had made the conservatory roof dirty and clogged the guttering. The owner of the tree was fined £650- £350 for the repair £220 cleaning £80 court cost. The judge made it quite clear that the owner of the tree is responsible for the tree and the damage it causes and the mess it leaves behind from fruit to leaves to root.

 

 

Sent from my iPhone using Arbtalk mobile app

[daltontrees]

Thought I would join the topic.

My understanding is that you are entitled to prune back to boundary any branches encroaching your boundary, if located in conservation area or tree preservation order attached then intention of works or permission for works is required.

You do not need the tree owners permission to do so but in keeping with good neighbourly relations it is always best to discuss the proposed work.

The arisings should be offered back to the owner of the tree, if they do not want them then it is your responsibility to dispose of correctly.

The works must be in accordance with BS3998 & not be done in such a way that it causes the tree to become unsafe or cause irrepairable damage.

The tree owner also has a duty of care to manage the trees located within the boundary of their property so as not to cause a nuisance to other homeowners.

 

Nice try to clarify it, but I would take issue with a few things. Firstly BS3998 is not the law, but could be used in court as a measure of industry best practice if a dispute arose about whether the work had been done appropriately.

There is no duty of care to prevent tree nuisance. Absolutely definitely not.