A Conundrum.

[Gary Prentice]

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

 

Private drive.

 

To carry on. At what point should the greater benefit provided by the tree to everyone be overridden by the desire of one?

 

Discuss:biggrin:

[TGB]

You say the tree is on a boundary. Does that mean:

a. In the main the tree except for overhanging growth is wholly within the bounds of your client's land?

b. Any part of the tree's base, (excluding roots) also grows from Mr. Grumpy's land.

 

The latter would suggest co-ownership and thus shared responsibility & liability. The former, I suggest your client buy the camper van but leaves it parked on Mr Grumpy's land. Awkward I know but Mr. Grumpy doesn't have the lawful right to even touch/move a vehicle parked on his land, without consent of the vehicle's owner.

Edited March 5, 2016 by TGB

[redmoosefaction]

I was always under the impression that even though the tree is in your garden your not responsible for overhang. Eg if a neighbour wants the overhang reduced to the boundary you as the owner don't need to do the works. Please correct me if this is wrong or is this correct?

[felixthelogchopper]

Given that the scenario would be one of a tort, surely the keys will be your client's owed duty of care and have they taken reasonable steps to undertake that duty of care? In my opinion they have most definitely done so, as evidenced by the schedule of inspections and work carried out. I can't see that it would hurt to have evidence that reduction/removal have been refused due to the TPO. Out of interest, does the tree pre-date the arrival of the neighbour and is there an alternative parking space on the property?

[Haironyourchest]

Your client should give £50 to a solicitor and get some advice. Fire of a solicitors letter to Mr Grumpy warning him to cease and desists the threats and harassment. If it goes to court, a judge will not look kindly on Mr Grumpy, as it's clear he's trying to use the law as his personal plaything.

[treequip]

Your client should give £50 to a solicitor and get some advice.

 

I think the solicitors advice would be, bring me more than 50 quid:laugh1:

[Stubby]

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

 

 

I kinda feel from the op that he is hoping some small thing happens so he can put in a claim . ......To be honest I gobbed off before thinking it through

[treequip]

To be honest I gobbed off before thinking it through

 

I think you will find that's my job, so unless you are mounting a coup you had better watch it.:laugh1:

[felixthelogchopper]

I think you will find that's my job, so unless you are mounting a coup you had better watch it.:laugh1:

 

Can't beat a nice demarcation dispute.

[Stubby]

I think you will find that's my job, so unless you are mounting a coup you had better watch it.:laugh1:

 

Ok . Don't want a turf war . You gob off in Saddleworth and I will spout BS in West Sussex .