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Neighbours pruned my tree


woodpile
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Her fears about her granddaughter are real to her, even if we think she is bonkers. It doesn't look like she will change, so a degree of acceptance may be the way forward. Perhaps you could say you accept her concerns and will keep the tree pruned, but could she let you take responsibility for the pruning.

 

 

A shining example of tact, understanding, diplomacy and humility - An example to us all. I salute you Sir! :thumbup1:

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Seeing as a TPO is mainly geared towards amenity value and visibility, justifying the use of officer time (legal, planning, TO) for a tree that has been hacked and is likely not too visible would be very hard. I don't imagine you'd gain any traction, there.

 

 

In my experience, it depends on the TO.

 

The LPA have the power to apply a TPO if 'it is expedient in the interest of amenity to make the provision for the preservation of trees'.

 

IMO nobody can decide on the amenity value (or potential) of any trees without seeing it and even then it is subjective. My first port of call would be to discuss this with the Tree Officer and also with the landlord (now we know it's tenants) and hopefully one of them will get a result.

 

Whilst I agree these people shouldn't be able to get away with hacking at your tree, I also agree that you may have to throw a hell of an amount of money at it to try and get a prosecution (not to mention time or stress). This may or may not be the way you choose to proceed.

 

At the end of the day, all the arborists on here are trying to offer helpful advice and after taking it all into consideration, only the OP can decide on the best course of action for them.

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I'm overwhelmed by the amount of responses to this. Thanks to you all. I'm pretty much decided on a strongly worded letter which mentions all three points ie trespass, criminal damage and fly tipping. It's a small tree on a tiny boundary area in our large garden and life is too short. The letter will mention the arisings, which I will be chucking back over the fence. If it happens again then Mr eggs may have read my mind...

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I always thought that if prunings that were up to the boundary I.e common law right, could be placed back onto the land of owner of vegetation, and they could be done so without causing damage to any feature, or trespass like entering air space, then a neighbour could place/throw/chuck them into the garden of owner without being seen to have fly tipped. Sure mynors references it in his book to.

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