A Conundrum.

[skyhuck]

Camper Van Man is an opportunist knob . As has been said he could park somewhere else . Tree owner should park his car under tree so that camper van man has to park elsewhere .

 

I would imagine the camper is parked on the owners own land, on his side of the other guys tree.

[timbernut]

Some neighbours are just total sphincters. I'm by no means an expert but surely your client is fulfilling his 'duty of care' and could not be accused of negligence but could you not apply for removal of the tree, knowing full well this action would be refused but giving your client iron clad protection in that he has pursued every avenue?

[Gary Prentice]

My wife's just mentioned force majeure. I'll do some more reading.

 

Thanks skyhuck

[Mick Dempsey]

Camper van man loves his camper van, nothing wrong with that.

I suspect that if something happens then it's an insurance claim against the trees owner. That's what insurance is for I guess. That's all it is though, a guess, Jules (dalton trees) is the go to man for this stuff.

Perhaps if the owner rattled off some letters explaining how his hands are tied and that he cannot remove/prune the tree it might count in his favour if it hits the fan.

 

When you say the other guy is a "tree hater" you're just setting up a "goody/baddy scenario.

[Mark Bolam]

I'd lob a handful of bread onto the roof every night.

The bird crap will soon put him off.

[Gary Prentice]

Some neighbours are just total sphincters. I'm by no means an expert but surely your client is fulfilling his 'duty of care' and could not be accused of negligence but could you not apply for removal of the tree, knowing full well this action would be refused but giving your client iron clad protection in that he has pursued every avenue?

 

I could, but suspect you'd have to be applying ad infinitum. Our involvement over the years would show regular inspections, preventative works and good management without that.

 

The TO & planning department wouldn't appreciate it much either, they've enough to do.

 

There's certain aspects of this job ie people that p me off at times.

[treequip]

Camper Van Man is an opportunist knob . As has been said he could park somewhere else . Tree owner should park his car under tree so that camper van man has to park elsewhere .

 

What opportunity has the knob taken?

 

Why should he park somewhere else?

 

Can the tree owner park there? sounds like its someone else's garden to me

 

 

On a practical note, if the tree owner makes regular applications for such works that would remedy the situation they will either be allowed or declined. If declined the tree owner can demonstrate that they were effectively interdicted

[redmoosefaction]

I had a client once who had a tree fall out of their garden . She asked for a quote to clear the whole lot. Then about an hour later after talking to their insurance they said a quote up to their boundary only as they won't insure anything that falls out of the garden so can you re quote for loads less work....this may help you...

[Gary Prentice]

 

When you say the other guy is a "tree hater" you're just setting up a "goody/baddy scenario.

 

A valid point. With hindsight, yes my bias is evident in the post. I think he is unreasonable in the extent that alternative solutions are available (whether he should use them is the topic for another debate) and I dislike people who attempt to force their wills on others.

 

 

But I'm not disagreeing with you

[Gary Prentice]

I had a client once who had a tree fall out of their garden . She asked for a quote to clear the whole lot. Then about an hour later after talking to their insurance they said a quote up to their boundary only as they won't insure anything that falls out of the garden so can you re quote for loads less work....this may help you...

 

Had the same experience. Also had a private tree fall onto council land and the TO tell us if the owner didn't clear it, the council would and charge him. The owner got us to, it may have been a case that the TO's understanding of the legal position was wrong. I don't know.