daltontrees

I don't really see the problem. Everything points to previous owner chancing their arm. No evidence to support any of the reasons for removal. Had there been, it would have been a fool not to submit it, or a fool not to follow up on it. AA Teccie (Paul), too negative and jumping to conclusions. You borrow to buy a house, a survey is done. If it's clear, you have recourse to the surveyor if he/she was wrong. You buy a house, you get a quote for insurance, you accept it. There will be a question, any known structural problems? No. Any hair-brained applications based on unsubstantiated claims of structural problems? I haven't seen that question in any insurance proposals. A basic check about whether there any shrinkable clays in the area would be informative. Looks like carboniferous siltstone/mudstone/sandstone. Not known for shrinkage. I took a Google walk up the street and then looked at the aerial photo, there are zillions of big trees. Chances of yours being a problem that no-one else is experiencing? Super-low. Worth a first viewing if you like it, but don't go too far without getting a mortgage survey using a local firm.

I believe he is still the current holder of the title, yes.

Based on the noddy leader, probably.

No worries!

12?

Catchphrase!

My chiminea really rips, once it's going, and smokes way less than the fire pit. A bit like a stove, it just burns so much hotter than an open fire. But like a fire pit, until it gets going the smoke will follow you around the garden no matter where you sit. And unlike a fire, you have to be sitting right in front of the window to see the flames and get any good heat.

And lifting a heavy log onto the wagon (or shifting stubborn logs of the other kind), there's 'Hnnnng'

Is that official? And what about proper nouns, like Kretzschmaria?

Sure of what? Prosecution for wilful damage, or even worse wilful destruction? Just adding a couple of zeros to the fine.

Erm, I've jsut realised that all I've said about qualifications is iffy because you already managed to get someone to give you duff advice in writing in 2018.

I'm in Scotland where heave cases are incredibly rare, so I don't know of a standard except that within arboriculture there is I think a link with the Council of Mortgage Lenders that has promoted some sort of standard that arbs get training in and work to. I'm pretty sure if you search for arboriculture subsidence report in your area you'll turn up someone, then ask them to evidence insurance and credentials. There can't be many diong reports without insurance, adn the insurers would insist on adequate qualifications.

Inspired by some of the random spellings of Kretzschmaria that I see, and smug because I always spell it right, here's something I offer for people to ponder in an idle moment.The reason I always get it right is because I have noticed it bizzarely has 6 consonants in a row, and when I write it down I usually check that they are all there. But I keep hoping someday to come across another name of a fungus or plant that shares (ooh, or exceeds) this 6 consonant mnemonic. Anybody go any? So, it's tz (as in Judie Tzuke, singer). sch (as in school). maria.

BTW I'd say this tree will bounce back, the ringing hasn't been done thoroughly enough. Seen worse survive. Saw one last week that was completely debarked and has reconnected over a foot gap. In fact, I signed it off as safe. Also bridge graft would possibly succeed.

That's pretty much it, good of you to take the time to explain it all without regard to who has the moral high ground. The only thing I'd add is that if it all gets embroiled in a lengthy appeal there is still the 'dangerous' exemption for removing bits of it (but I can't imagine it getting dangerous enough for complete removal even if it is dead. But the OP would be well advised to get paid for advice from a consultant that the exemption is to be used validly. Before doing the work. Like you, Chris, I wouldn't touch this case, but for slightly different reasons. I don't mind blooding the nose of a local TO if it's merited, but I'd rather not get the reputation of being a hired gun because it casts doubt on my prefessionalism for future cases.

Advice from tree surgeons? No no no! Pay for a written opinion from a consultant who has no financial interest in whether he/she gets paid tree work from it. Then you have somebody insured to pursue if the advice was wrong. The current view is that staged reductions do not reduce heave. The eventual removal will result in the final amout of heave, if there is to be any. Stages don't change that. Your first tree surgeon's advice was bunkum. Your second one has at least thought about it but it's still bunkum. Decisions like the one you are making are too technical for a lay person and there could be comeback from the other flat owner or neighbours if you get it wrong. And obviously you must follow my advice by ignoring the free advice I have just anonymously given you for free on a free forum...

Closest thing to someone answering the original question. Succesful objection to a TPO would only be ion legal (procedural) grounds. Hardly worth objecting most times. TPO doesn't mean you can't fdo anything, just means you need to ask first and give a good reason for it, generally showing that the amentiy that the trees provide will not be lost.

Err, not quite correct. If the neighbour's tree falls and damages OP's property and it was foreseeable OP could sue him. He may or may not be able to get any compensation back off his insurers. Consequently his insurers may deal with the claim. But you can't claim directly off a neighbour's insurer. As for the other scenario you cannot sue for damage to a tree that you have let encroach and which the other side has exercised its common law right to cut back. The exception would be if you cut back and should have foreseen the destabilisation and could have and should have warned the tree owner to given him a chance to make it safe afterwards, but didn't. There is no general right to sue for damage from a failing neighbour's tree. You can only sue for negligence, essentially for damage caused foreseeably. There's centuries of case law on this...

That's not true. Besides, you seem to be talking about a situation when he is the neighbour, not the tree owner.

Do you mean there were no cones on the tree at all? You sure it's a cypress?

emm... no thanks

Nothing? You don't need a license for pruning unless it will kill the tree.

Not so. The 2012 Regulations are clear that tree works in a CA are exempt from control (and therefore from the need to notify) if they already have a felling license. Unfortunately the FC's online guidance is incorrect on this point.

I guess you haven't read the many lengthy posts. If you get a felling license you don't need to put in a s.211 notice.

Jon, good to hear about it from direct experience. I have enough bother keeping up with the new scottish legislation (written, seemingly, by a confused 10 year old) and the way it is panning out. Are there conditions and qualifications in english FLs that state that the license does not override undisclosed TPOs?