Re: Written Permission from tree owner

[devon TWiG]

If the ladder or the climber does not cross the boundary then permission is not required , only if you need to go on to their land to access the tree which is not always necessary ... I have done a few jobs like this !!! Also I think there is some right of trespass for reasonable access , in situations such as putting a ladder on neighbouring property to access your own house for such things as painting / gutter cleaning etc most problems occur if there is already a hostile relationship between the 2 parties in the first place !!

[AA Teccie (Paul)]

Hi All,

 

Please could I have your advice on the following:

 

I have been asked to remove a large limb from a tree which overhangs a garden. The tree owner ( a very elderly lady) has given verbal permission to the potential customer. I have conducted all the normal checks and there are no restrictions.

 

My concern is that the TREE OWNER permission given are not in writing. The potential customers do not believe that they will get written permission from her as she has been difficult to raise, mainly due to older age etc.

 

So the main question is would you & should I pass on this job unless its all confirmed in writing?

 

Thanks

 

Hmmm, as others have said you do not need any permissions from the tree owner to cut back encroaching branches provided in so doing you do not cut beyond the boundary. Further, and again as others have said, you don't need permission to access the tree provided you can do so from the neighboring property and again you do not encroach their boundary, AKA trespass.

 

So, if it were me, and if I anticipated needing to enter the tree owners land / air-space, and you preferred to have something in writing rather than "witnessed" verbally, I would produce a simple statement myself (dated) and ask the tree owner to sign it, ideally in the presence of a family member if they are elderly...or maybe speak to Age Concern to see if they could help / advise / get involved.

 

Hoping this helps, at least a little.

 

Cheers..

Paul

[Chipperclown]

Thanks all, sound advice!!

[Gary Prentice]

Further, and again as others have said, you don't need permission to access the tree provided you can do so from the neighboring property and again you do not encroach their boundary, AKA trespass.

 

 

 

Cheers..

Paul

 

This is the opposite to what we were told at collage. The tutors opinion. It's an odd scenario, the tree may be trespassing over the neighbours airspace, but is the neighbours property. So could you be trespassing on a trespassing limb?

 

There seems to be differing opinions but little in the way of actual facts, that I can find!

[Chipperclown]

Thanks Gary noted, I have requested that the customer obtains a simple written statement (and drafts it for the tree owner) as suggested by Paul in this case just cover cover all bases. As I mention this is a first for me. Thanks all for your comments.

[bankhouse builder]

Why don't you draft a document stating that we (the potential customer)have given you instructions to carry out the work after receiving verbal permission from the owner and that they take full responsibility for their instructions.

At least if any problems do arise then you would be clear of responsibility.

It is always difficult with older / vulnerable people as suggested in previous posts I like to run things past a family member even sending them a copy of quotes etc .