Jesse

Really sorry for you Sean, thats double pants, some one has got some massive cojones, just as someone reading into this who has also had trouble in the past, how well do you know your crew? now don't all throw a hissy fit.

That wood didn't come from the site Post - Loading a chipper ? just take a look at the Harvester picking up Willow, it looks remarkably similar .

I would also say think about the quantity he has bought, which is a large load which suggests to me a large harvest of something that grows quick and it was bought thinking it was a bargain, I would normally give Willow away rather than process it or have it sat around regenerating as it sometimes does , I don't know what was paid but when I do process Willow, which I did last week to mix in with some decent hard wood, I would sell Willow only at about £50 a m3 cut, split and free local delivery. Now don't all jump on me, this is just my own thoughts.

All so if you can try not to plant single species.

Why not start with Trees with a useful degree of resistance, page 146 Diagnosis of ill-health in trees, by R.G.Strouts,T.G.Winter, Its a very good book and lists the trees. Suggest a planting list from trees with good resistance and the go on from there, changing the soil is not a good idea its expensive and will not resolve the problem with any soil born Pathogens . hope that helps.

Feathered Trees. Feathered trees have a defined upright central leader and a stem with evenly distributed lateral branching over most of its height. Feathered trees can range in height from relatively small plants of 1.5-2m high (2/3 year plants) to semi-mature. Hope that helps. But others may say different .

The reason i said Willow is because i'v just been working my way through a few tons of Salix fragilis and it looks identical to the photos.

I did have a ford county for a while and it wasn't that good off road, it did not seem to dig in to the mud just sit there and spin.

Mikecotterill, i'm with you on this and woody paul, i'v had it with HSE this country has gone completely bonkers , no one has ex-ray vision apart from Clark kent and thats the way it should be, I no longer loler just buy new kit every 6 to 12 mths out of the company and then sell it on ebay when its due a test, with the discount i buy at i normally make a bit on ebay when i sell it. For some strange reason tree kit/saws make more money on ebay than they do when you buy new at discounted prices, especially ms200's/201's. Plus its also a way of drawing a little out , if you know what i mean .

Willow can smell a bit like wee wee or p++s to you and me.

How much did you pay if you don't mind me asking?

Sorry to say but it looks a bit like white Ash as some folk call it ,or Willow as its real name.

WorriedNeighbour, hope all of your questions have been answered, All great replies - sorry for not responding to all but i think one or two of you know what I am on about, I do like to flip the coin. Andy C and HRC and all members I'm cool with what ever you think, this debate has been a really good one and a great source of information for WorriedNeighbour and FREE.

Anyone contemplating taking legal action against there neighbor in respect of a tree related issue faces a daunting task. Unless you qualify for Legal Aid or are 100% confident of the courts ruling in your favor it could be very costly for you. Other considerations-have they Insurances inplace that will pay your compensation(IF AWARDED) are they financially sound/viable? ie will your award be drip-fed over a lengthy period of time and in small denominations ?You could even enter into the legal process on a 'Pay as you go' with your solicitor, drip feeding his deep pockets with money at a £150 a letter and come home one day and find after spending £500-£800 that the tree has gone. Who will pick up your bill then ? YOU- The work may have been scheduled in some time ago and he has just ignored your threats, he will have fulfilled his legal obligations. One last point, your own insurance will only commit if there is a risk of Direct or Indirect damage accuring to your house and also when you decide to sell up your house because the animosity has become unbearable YOUR legal obligation will be to declare all detials relating to this and what a lovely naughbor you have.

The various Acts of law pertaining to land owners are not just in place to be used by there neighbors as a means of achieving there own desires, quite often those people with grievances misuse the law, dictating short sentence reference of what they believe will frighten and quickly dispel the owners desire to retain a tree. The extent of knowledge possessed by the tree owner may actually only extend to what he has just been told by his neighbor , the elderly being especially vulnerable . The various Acts of law are actually in place to protect the owner of the tree as well as his neighbor. There are far too many whispered meetings behind boundaries between contractor and neighbors who believe the law to be straight forward and only in there favor.MITIGATION- Face to Face is always the best way forward, spoken calmly and without demand. You don't know a persons financial circumstances, refusal or ignorance of an issue may actually be as a result of them having no money. If you want the owner of a tree to do something then offer to contribute to the cost, its you who will benefit and there is nothing worse than the ensuing animosity that could develop and may last for many years.

The answer to the OP - Legally enforce inspection ? NO, but all you have to do is ask the owner if the tree is safe and when was the tree last inspected. Should we now define who the law considers is acceptable to inspect a tree ?

Thank you to all who have so negatively responded to my response to this post. I think those who can should read in detail all current legislation relating to this issue and consider carefully this case as it was presented and the desired resolution to the outcome of this specific problem from the OP. There is also one other situation where by the owner of a presumed dangerous tree would not be liable under current legislation , the owner of the tree does not have to disclose what tree management plans are in place prior to an incident accruing so long as he can demonstrate in a court law that there was a Proactive tree management plan in place, this Proactive approach could even be as little as monitoring a situation and making safe when needed which i think he has done. I don't make the laws , interpret them as you like, but we don't for one minute have to fell trees just because some unqualified person thinks we should.

http://www.forestry.gov.uk/pdf/FCMS025.pdf/$FILE/FCMS025.pdf 'Reasonable' - The key word, read the attached and think about it. I would consider the owner of the tree to be very reasonable to permit the works to go ahead at the neighbors expense, consider the target area and real level of risk and the underlying issue being more to do with 'nuisance'.

Occupiers liability act 1957 section 2 parts (1) (2) (4b) (5) He would be seen as unreasonable if he was to refuse permission- but not if he was to agree to YOUR demands but on his terms and at your expense, especially if he was in receipt of any benefits or was an old pensioner . In the eyes of the law this would be seen as 'Pure Omissions' No wind up and i will ignore your last post.

Yes this is correct as long as you permit the works to resolve a quantifiable complaint , you can stipulate that the complainant foot the bill for the task, you could even stipulate terms such as wast disposal and appointed contractor. The poo would only hit the fan if the owner of a faulty tree ignored a complaint and refused permission and the tree subsequently failed as a result . The other consideration is predicting when a tree will fail? The occupiers liability act, its great toilet reading material.

Try and think long term , what about raising the floor level of your building?

RESEARCH YOUR TOPIC , Make your own decision based on your own research taking into account the given target area, but remember at the end of the day its your head on the block. some unfortunate person has to make that decision its all about knowing when its TIME. When it is time make sure you put forward a detailed specification of how the task should be carried out so as to aid the client when comparing quotations . Like for Like. hope that helps

Hi Tony, I know i should post direct but i haven't worked that one out yet, i have been away but am back now, i also thought you had left the field?

Sorry should of said you just need to clarify that its okay to make the tree safe and remove the brash and cord wood from site. Me suspects Seiridium cardinale. You might even foot the bill for a full removal . I also think its not really a safety issue more to do with its a horrible green thing probably a Cupressus macrocarpa and blocking lots of light . i also think the owner is an elderly gent who does not care much for your concerns, either way always put in writing what you would like to do and your reasons, if quantifiable these would have repercussion for the owner of the tree .

The answer to your question is clear, he has in the eyes of the law complied with his legal responsibilities in complying with The Occupiers Liability Act 1957-84 , when you notified him of the problem he gave consent for you to make safe the problem. Under the Act you can not prosecute but you can be sued for damages, the Act requires owners of trees to take REASONABLE steps to any avert danger possed by a known hazard, you have notified him of this problem and he has under his terms granted permission. Hope that helps and saves you some money.