neighbor dispute

[daltontrees]

Interesting discussion. Clearly the argument is really about what is regarded as a nuisance in custom and practice eg branches damaging roof tiles and making roof leak vs right to light, water and a view which are very iffy and probably wouldn't stand up in court. I guess what always interests me is being confident enough in what I do that when they consult a lawyer he tells them to forget it. So I'd prefer to stick to broken roof tiles rather than parched lawns.

 

I generally find that the average customer unrealistically expects the average tree contractor to know about what to do lawfully in these situations. I think it's good to take opportunities like this to rehearse appropriate and balanced arguments, but never to forget that there isn't always a simple answer. Some of these things go to court for years, lawyers get paid £000,000 and you really don't know which way it's going to fall until the Judge delivers the last line of the judgement.

 

This aspect that Gary raised about the distinction between encroachment, nuisance and actionable nuisance is as you suggest unpredictable in the average situation. I am torn, as I always have been. It's too much to ask of the average unrewarded contractor to decide these disputes, but like Skyhuck I revel in sorting out these messes. especially when I think I know my onions, as wicklamulla says. Especially if the is a knob-jockey involved.

 

At the risk of mixing metaphors just a little too far, if it looks like a knob-jockey, walks and talks like a knob-jockey, kick it in the saddle till it hurts.