neighbor dispute

[aitch]

Sounds like a job to walk away from to me regardless of legalities.

[scraggs]

Have to agree with the above.

Why would you want the hassle ?.

[daltontrees]

Meaning that you can prune back even if the TPO is in place as the right to abate over-rides the TPO (but obviously only up to the boundary).

 

I don't think this is a correct statement of the law. Or to put it another way, I think that this is an incorrect statement of the law. it is the tree that is TPO'd, not the area that it occupies.

Edited May 6, 2015 by daltontrees

[jaime bray]

From what I can gather, it is ok for neighbour A to prune back to the boundary, as confirmed in the deeds, any overhanging vegetation from neighbour b's trees. You can not enter their property or airspace to carry out the work without the owners consent. Any arisings can not be removed without consent as it can constitute theft. However, the rubbish can be placed back within the grounds of the owners property without notification, as long as in doing so no damage is caused to the neighbours property, and the airspace is not entered.

 

Re. Pruning tpo'd trees, I always read it that as long as you are abating an 'actionable' nuisance, then this over rides the need to apply for consent to carry out the works. The extent of the works can not be to the detriment of the aesthetic value or cause the demise of the trees health. Any pruning of roots or shoots is to abate damage to property, loss of light is not an actionable nuisance, nor is leaves blocking a gutter. Can't remember case law but it was established what constitutes an actionable nuisance.

 

I Would be very wary of advising or carrying out pruning work to a tpo'd tree that resulted in pruning back to the boundary to the detriment of the trees visual amenity. Abatement of nuisance in my opinion would be removing branches that we're touching a roof, in doing so I would remove one meter for example any branch that was touching the roof. There is a procedure available for further work to be carried out should it be deemed that additional pruning work is required and the extent of which is beyond that of the abatement of nuisance, which is to remove the likelihood of damage occurring in the imminent future.

 

Similarly, within the realms of root pruning, you can not just strip out an entire stretch of roots if it were to render the tree unstable and unsafe. It would be prudent to apply the guidance within njug for distances of root pruning. Red, yellow, and green colours of distances from trunk centre. Of course this may vary from species to species tolerance, but never the less. Prudent, common sense should prevail. Ignorance is unlikely to be a defence in such circumstances. But if you interpret it differently, and are willing to defend your actions should you be hauled to court, then crack on at your peril.

Edited May 6, 2015 by jaime bray

[Gary Prentice]

An excellent answer (and my own understanding). I'd assume the same apples to trees in a CA?

 

I know, from discussions with TOs, that different Local Authority legal departments have interpreted this both this way and that the common law rules apply to the 'ordinary' definition of nuisance/trespass.

[R5log]

Why would you bother, move on to the next job

[Gary Prentice]

Maybe to stand up to a bullying neighbour, who is using their inexact legal knowledge as a club over everyone's head.

 

Also to come on here and learn the legal position, so that in similar circumstances you can explain to the interested parties what is and is not allowable.

[R5log]

Maybe to stand up to a bullying neighbour, who is using their inexact legal knowledge as a club over everyone's head.

 

Also to come on here and learn the legal position, so that in similar circumstances you can explain to the interested parties what is and is not allowable.

 

 

Why get involved with some else's dispute, that's my view

[scraggs]

Maybe to stand up to a bullying neighbour, who is using their inexact legal knowledge as a club over everyone's head.

Without going into too much detail on an open forum. if the neighbour thinks he is in the wright, is bloody minded and takes it to court, the hassle, unseen costs and stress of defending the case will most likely make who ever does the job wish they had left it well alone, or charged considerably more than the job was worth to allow for the grief and unseen losses you could have.

Sorry I am just looking at this from the practical angle.

 

Also to come on here and learn the legal position, so that in similar circumstances you can explain to the interested parties what is and is not allowable.

I couldn't agree more with that, knowledge is always good.

[skyhuck]

Maybe to stand up to a bullying neighbour, who is using their inexact legal knowledge as a club over everyone's head.

 

 

Here!here!!

 

Totally agree, its often the elderly or timid types who get bullied in this way. I have taken great delight in standing up to these type of bully's on several occasions, they really don't like it when people stand their ground and point out what the law states.

 

I've had the police called on a couple of occasions, on both occasions they agreed with me and the nasty neighbour disappeared once the police had pointed out we were well with our rights.

 

I guess its easier to just not get involved, let the little people suffer in silence and the bully's win