Jesse
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Everything posted by Jesse
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Very well done:thumbup1: Unit 8 was one of the hardest examinations I have ever done, 1hr 30mins, it fly's by, my pen never stopped from start to finish, "Phew" that's what I said and a bit more.
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Just out of interest and at a basic level have you ever done the AA Tech cert or PD Arb exams on law? I don't think that anyone who has sat those exams would agree with you on that one, tree law is complex, and yes I have made it complicated to illustrate how an issue can develop and descend into a nightmare situation .
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It could be an expensive day and I for one would not wish that on any contractor:thumbdown: once those over paid suits get involved it all slides down hill,for you that is, these cases can go on for years once the barristers get involved and that uncertainty of an out come over a number of years will do you in, I speak with some personal experiences and yes I had to sell the white van and now shop at oxfam for my trainers and clothes so its a very good thread and has probably answered a lot of uncertainties. Its also one of the reasons why I decided to go to collage late in life, Arb law is a very complex thing, and I have now read an awful lot of books
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littletree- you do need the owners permission to cross the boundary or even to lean a ladder or climb the tree, but all is not lost because if they refuse you have the law on your side the "Access to neighboring land Act 1992" they can not deny you access but it may take a bit more time to gain. skyhuck- TBH trespass is braking the law and is an offense, others in there trainers and white transit vans may do it but we as professionals should not. treequip- the original photo showed the crown reduction work to be excessive so much so that the top had been removed , In this day and age an "expert legal team" would probably take on a case like this on a no win no fee basis. I'm now having a tinny.
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I couldn't agree more but they still build houses to close to trees and seem to take little notice of 5837.
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Was it 'rightful' or was it excessive ? and I doubt the nuisance issue 'Shade' was resolved , Its a good one to think about.
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We are getting there:001_smile: I think its term is 'Conversion' which in simple terms is theft or 'Appropriation of the owners property', and if the branches had been thrown over and damaged any property you would also be liable for any damages, Theft would be just one offense (which COULD lead to more) and the value of loss decided in court using which ever tree evaluation method they choose Helliwell system being just one of several methods of placing a monetary value on a tree or lost portion of a tree. So, so far we could have- 1 theft, 2 criminal damage, 3 A medical claim , 4 possible loss of earnings, 5 Legal costs and Fees, 6 cost to rectify the damage. The fact that a criminal act took place will open the doors. If you get pulled over for a dodgy light the police will look for other possible offenses. Its the same if you instruct a legal team to represent you but you must have grounds in the first instance and in this case its theft.
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I'm only stating how things can escalate, and yes it is very un neighborly to throw branches over the fence but I didn't make the Law. (The Theft Act 1968) Branches being stolen was the offense, to gain compensation you have to have a valuation, the branches were of high value as they formed one half of a High Valued Amenity tree, then there is the health of the owner to consider? depression? loss of work? it goes on , do you sort of see now? I'm only highlighting what Arbs should be aware of, When things go wrong and an expert legal team get there teeth into it, you could loose everything. Me, if I even sniff the slightest issue developing we stop everything and double check all permissions are in place or walk away until issues are resolved
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Every case is different , you are correct regarding over hanging (nuisance) branches , but you will of committed an offense if you did not obtain the owner of the trees permission to remove the branches from site, if you do not obtain permission you should leave the branches safely on there land otherwise the offense is theft. In this instance lets say, the tree did have good form and looked to be of high value to the local landscape , half the crown was removed , lets agree no offense as the tree was not TPO'd or in a CA, the offense was only committed by removing the branches without the owners consent (theft) In court you then have to value those branches and this is where it begins to get very expensive for the contractor.One last point, asking a random policeman advice on law especially civil law is not what I would recommend.
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Just a bit of advice which may serve as a warning to some, whilst I personally did not like the tree, if theft of living branches takes place compensation would not just be based on a valuation of branch wood loss, (timber value) it would be based on the Amenity Value of the tree before the unauthorized work was carried out . In this instance going by the photos it could £10 £15 or even £20,000 and also depending on if the act has effected the owner in any way there could also be a personal injury claim (depression) also loss of earnings through time off work because of ill health problems , the list goes on. Visual Amenity Tree Valuations are fast becoming the method in which claims are now settled and its big bucks and its long over due. Some good courses are about run by the AA, and some good books available .
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I couldn't agree more, wrong tree wrong place, I can never understand why people don't consider the growth potential of a tree before they plant it , the only law that I see that may have been broken is trespass and without any evidence of trespass they would not have a case unless they took away the arisings and failed to offer them back in which case the owner of the tree would have grounds to claim compensation as the offense is theft. I personally didn't like the tree before it was pruned but I much prefer its new look, its minimalistic, artistic , Damian Hurst springs to mind, it could set a new trend O wait a minute, don't the utility company's already commission works of art like this?
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I was also going to suggest Provence as being another consideration as to why the trees are developing this way,being native to Japan/Korea elevation of Provence could influence how the trees develop in this country , but I'v just been looking at a few other possible causes and Aphids could also be the cause, Try looking up Drepanosiphid aphid, I'm not sure if its in the UK but its interesting how it feeds and effects a trees development .
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Not necessarily, trees are some times planted in 3's or groups in the hope that one will survive, or one of the trees has a slightly stronger gene than the other runts (pardon the expression) or the other 2 have sheltered the one healthy tree. Just my thoughts .
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Given how you are proposing to carry out the task you need to charge at least £2000 that should take care of everything and allow for the logistics. Forget doing it for less you have to make a profit, its just unfortunate you don't have the kit yet to do it in a more cost effective way.If you get the job all well and good if not then some one else benefit from it. Good luck.
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It almost looks like Fasciation, the disorder causes distorted growth to develop , could be caused by slugs, insects , frost or a bacterial infection, The Daimyo leaves just don't look normal.
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Climate change how ever slight will influence the growth and development of all trees not just native. The big question is which trees will tolerate climate change the best? and the wave of P&D that follow. If I had to name one species it would be native and that would be Acer campestre, Field Maple I cant remember when I last looked at a sick one, I think the tree is well underrated and often not even given any consideration as a feature tree within a planting scheme . Anyone think of any other contenders ?
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I think you are spot on with that leaf tip and flower, pale pink fading to white (flower that is)
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I don't think the weather has helped at all this year, the early drought has just compounded stressed related issues associated with Cherry trees this year, my advice to clients is that if they wish to retain a Cherry tree with the problems mentioned that's fine, the trees can be looked at again next year, in terms of recommending remedial treatment or pruning work, there is little that can be done, pruning of any sort will only stress the trees more and if anything shorten the trees life, after all pruning of any sort is wounding , any live branch loss will to some extent produce stress and provide an ideal entry point for infection. You should suggest leaving the trees alone this year, explain what you think is the problem, suggest that they begin to think about replacement trees (species selection) and offer to look at the trees again next year. The trees could still last a number of years , even in poor condition ,long enough to establish some new trees in the mean time. Hope that helps.
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I bet that's not quite in the right order is it?
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Can we see a photo of the 'something chewing' leaves, it may be something more serious Pseudomonas syringae pv morsprunorum shot hole leaves and yellowing leaves together with sparse foliage are all symptoms of it. Remedial pruning may not be the solution .
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I have looked at quite a few Cherry's recently and have found Pseudomonas syringae pv. morsprunorum and Monilinia laxa both on the same tree, this years Cherry's seem to be quite poor. I'v also planted P avium wips this year and P. syrngae is now showing on the new leaves , I know its widespread and common but do you think I should contact the supplier ?
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I would consider that the powers that be think chipping arisings will be a cleaner way of disposal , I don't for one minute believe that the bureaucrats who produce these specifications have ever used a chipper, burning on site would be a far more effective and cleaner method of disposal compared to chipping which with all the dust blown into the air disperse the problem more easily, and leave a lasting legacy under ground for future generations to deal with. A sort of not very pleasant time capsule
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Which model from the Bushnell range have people opted for? and why? please, it looks to be a really good concept and how long do the battery's last, I suppose the idea is to hide them but doesn't the infer-red light give there position away?
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OK he's fairly hard, but I did hear , and he keeps this very quite, that he did once try to join the Royal Marines , apparently he couldn't hack the PRC I do admire the bloke for his efforts in life and he nearly ran me off the road once, but I take my hat off to him for giving that girl a nudge , I expect it was CT syndrome from wearing those sky pants and braces that truly got to him, I put him in life on the same pedestal as Oliver Reed , He will always be my hero and its some one I try to model my self on daily . Hows it going Sussex ?
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Looks fine to me, despite its appearance, and the contractors lack of knowledge, especially regarding BS 3998 : 2010, you will probably find that the tree will recover well, with great vigor, and it would be a superb oases for habitat within an urban environment, Hats off to the chap for trying, I did hear from some one that he's actually a member of Arbtalk
