Penalty for...

[czhey]

... going onto someone elses property and felling a tree?

 

I'm thinking trespass and criminal damage? Not removing arisings so no theft. Possible prison, or just a big fine?

 

Someone has asked me to remove a few trees from some wasteland next to their garden... i want to explain how serious it could be and why i don't want to do it...

 

Thanks, charlie.

[nepia]

... going onto someone elses property and felling a tree?

 

I'm thinking trespass and criminal damage? Not removing arisings so no theft. Possible prison, or just a big fine?

 

Someone has asked me to remove a few trees from some wasteland next to their garden... i want to explain how serious it could be and why i don't want to do it...

 

Thanks, charlie.

 

 

'Wasteland' or 'owner unknown' land? Land registry should be able to help if necessary. Later this year I'm going to down a dead 60' Monkey Puzzle that's in woodland just outside the garden of someone to whom it's a danger. The danger aspect helps me I know but I'll have no qualms because I trust the garden owner who says that Land Registry and the local council don't know who owns the wood but importantly I shall be doing nothing dishonest. The elements of 'dishonesty' and 'honestly held beliefs' are important when it comes to matters of allegedly stealing or damaging someone else's property. If you are honest in your dealings and your beliefs are reasonable you shouldn't fall foul of the criminal law. Civil law is different so if you want the work it would probably be sensible to make some enquiries re land ownership.

[czhey]

'Wasteland' or 'owner unknown' land? Land registry should be able to help if necessary. Later this year I'm going to down a dead 60' Monkey Puzzle that's in woodland just outside the garden of someone to whom it's a danger. The danger aspect helps me I know but I'll have no qualms because I trust the garden owner who says that Land Registry and the local council don't know who owns the wood but importantly I shall be doing nothing dishonest. The elements of 'dishonesty' and 'honestly held beliefs' are important when it comes to matters of allegedly stealing or damaging someone else's property. If you are honest in your dealings and your beliefs are reasonable you shouldn't fall foul of the criminal law. Civil law is different so if you want the work it would probably be sensible to make some enquiries re land ownership.

 

Thanks.

Good friend of my mums so would like to help her...

 

It may be 'owner unknown', a few years ago they asked the Tree officer if the council could do something about the trees thinking it was council land but its not, thought to be owned by the developer (its in-between 2 housing estates).

Will get them to ask, so if land registry says no one owns it its ok to do any work? They did have some legal advice a while ago and told to move their boundry back and claim it as theirs! There is one 'hazardous' tree, a dead 15 or 20 foot hawthorn but the rest are healthy.

 

Thanks

charlie

[nepia]

I would suggest making reasonable enquiries of Land Reg & Council re land ownership, keeping all corres of course. Notify Council of intention and do the work if no objection. Gather evidence (photos, notes) of 'danger'! The reality probably is that any owner doesn't care, hence the condition of the site, but one's arse can get stung if not well and truly covered!

The bit about claiming land as their own is probably a reference to the rule about fencing off such land and maintaining it for ?10 years with no objection from the owner and thus gaining ownership, or at least proprietary rights (not the same thing) but it's a legal grey area (what isn't?!)

In your position I'd happily go for it.

[czhey]

I would suggest making reasonable enquiries of Land Reg & Council re land ownership, keeping all corres of course. Notify Council of intention and do the work if no objection. Gather evidence (photos, notes) of 'danger'! The reality probably is that any owner doesn't care, hence the condition of the site, but one's arse can get stung if not well and truly covered!

The bit about claiming land as their own is probably a reference to the rule about fencing off such land and maintaining it for ?10 years with no objection from the owner and thus gaining ownership, or at least proprietary rights (not the same thing) but it's a legal grey area (what isn't?!)

In your position I'd happily go for it.

 

Thats what i thought!

 

Thanks for your advice

 

charlie