daltontrees

It would seem that the courts are greatly assured when a landowner has a 'system' in place. If it is not documented, it is not damning, but it certainly makes the proof of 'care' easier. If as you say you have dealt with all the suspect stuff, firstly the likelihood of someone getting harmed is reduced and secondly the landowner clearly does toake a responsible approach. What isn't clear is whether it is you or it is the landowner that spots the 'suspect stuff', and whether this is spotted during a systematic inspection or is just noticed in passing. The relevance is that the courts have differentiated between the degree of care required of a landowner in looking for suspect trees and the that required of someone called in by the owner to follow up its suspicions. If you are in any way involved in avising what work needs done rather than just being a contractor, you may have a wider 'duty to warn' if you spot anything that you are suspicious of. So be careful. For similar reasons you need to be careful about putting or finding yourself in the position of advising the landowner how to dioscharge his duty of care. That you have asked the question here indicates you parhaps don't have a full enough understanding of the extent of the duty of care to be taking on the advisory role. But to your credit you quote rightly don't want to put the client to the expense of what might be an unnecessary survey. David Humhries has commended the NTSG publications to you, which is a very good starting point and possibly all that you an the landowner should need to make sure the 'system' is adequate. But probably best if the last word on that decision comes from the landowner. It sounds like you're both close to it already, just neding to clarify the roles.

well apparently Abredeenshire down't. In the central lowlands edinburgh has had a good shot at it but in the end they all seem to say that it's up to the landowner to know whether there's a TPO or not. There shouldn't be any excuse, if you own or buy a property it should be known to you whether there is a TPO in place.

I haven't come across a Council in scotland yet that has a list, online or offline. I'm pretty sure that after several Local Government reorganisations they don't know themselves what Pos there are. I fin doubt, email an enquiry to AC.

Thanks, and I have just read they like to eat willowherb. That'll explain why they like my garden, it's over-run with the stuff. I hope they scoff the lot. I will look out for the moth around the garden over te next couple of weeks.

This is the biggest caterpillar I hve ever seen, found clutching a weed stem last week in my garden. Anyone know what it is (or will be)?

That's what I meant. I am so pleased that for once I have been more succinct than somebody else. No offence Ed, but it's not like me to be brief.

Interesting case. The fine is about £90 a cube, and the Act says the fines can be up to twice the value of the trees. Looks like there was no gain that way. And the developer still hasn't been sentenced. There could be another hefty fine. The Commission can order restocking. In theory anyway, this whole thing will not advance the likelihood of planning permission. If anything it might put it in stasis for 10 years. The contractor seems to have been hit on the basis of 'should have known better', even though it wasn't his land and he argued that he assumed the developer had the planning permission exemption.

Beech bark is smooth but it aint thin. I'd say Birch would be a good deal thinner. Or even Cherry. Anything with lenticels. Sorbus? blah blah... Rhytidome is a new word for me. Hurrah. I'll try and drop it into some conversations. Hmm, as in " A house in the woods? You'll feel rhytidome there!"

The simplistic difference is - worth is what you would pay for something, value is what you could sell it for.

Go for it! It will be nice to look in on Arbtalk and see something daily that is gratuitously informative. And about trees! Always a bonus on the perennially cosmopolitan Arbtalk.

Could you please say just how soapy the solution was? Did you use a detergent or a soap?

Paulownia! The fruit of Catalpa, as the 'bean tree' name hints at, are long pods.

I can't help being reminded of Joni Mitchell's lyrics in 'Big Yellow Taxi' They took all the trees, put 'em in a tree museum And they charged the people a dollar and a half just to see 'em Don't it always seem to go that you don't know what you've got till it's gone They paved paradise and put up a parking lot Now I feel as ancient as that tree, quoting Joni Mitchell and Free in the same thread. Lost on the youngsters, I expect...

Thanks guys, you seem to be right, it is Spruce Gall. I will read aup a bit about it. Never seen it first hand before.

Yeah I wasn't clear about this. I meant that Paul Rodgers and Paul Kossoff will hold the doors open for you. Except that one of them's dead. What a swiz!

And the answer is about 600 years old. Plus 115.

Yeah well it was felled in 1900, so all I know is what age it was then. Vaguely specified guesses can be up to 115 years wrong and still be right. I can't remember the right answer, it's on the other computer all the way up stairs and in the office. Then there's switching it on [sigh] and waiting for it to warm up and all that... may get round to it later. first prize is free admission to Kelvngrove Museum in Glasgow to see the ring for yourself.

Spotted on a couple of Spruce last week. Older lower branch and side shoot tips. Swollen, twisted and pitted at the needle attachments. Any help appreciated. I thought it might have been Cucurbitaria but it doesn't fit the bill and seems to be absent in uppoer crown. The trees are basically a bit stunted but healthy looking.

How old do folks reckon is this bit of Douglas Fir?

Worth checking for Armilleyria...

I just got my Makita 3 genuine new batteries to celebrate it's 20th birthday. I swear this drill will outlast me. Got a big job putting together recycled plastic wood planters coming up, so no mucking about with wimpy cheap rubbish. I expect I'll always be a Makita user because this drill is showing no signs of needing replaced.

Fair do's. But I suppose that fundamentally the common law is unwritten, and case law is only written statements of its interpretation in particular disputed circumstances.

I had an even stranger thought about the hedge owner going out and giving the 'headge' a good talking to, ordering it (King Canute style) not to grow into his neighbour's garden.

Sorry, but that's not true. A tree or hedge owner does not have to contain it. He will be responsible for any nuisance or damage it causes. But until this is foreseeable or actionable, nothing need be done about simple encroachment.

I have seen this situation a few times. Here's a couple of points to add to what people have already told you. Doorstepping that amounts to harrassment will go against you in the longer term if it goes to court. By all menas go and ask but don't demand. The interest is compound interest, the suggestionb made about how to calculate it is based on simple interest and will result in too high an interest payment. If you really need to know how to do it the way the banks do it, let me know by PM and I will send an excel spreadsheet that does it. You don't want to give the other side ammunition in a court case. Your main problem is that the interest period is not defined. It is a very good idea to state that the interest period starts from x days after the date on which payment is first due, usually the date of invoice. Because you haven't defined the period, the courts would consider what is reasonable. One month is probably OK. You may still have to argue that this is normal and fair, it really ought to be in the quote rahtert han the invoice so that it is part of the contract. The wording suggested about taking it to court would be better if it didn't say 'will result in a CCJ'. It should not be presumptuous, it shoudl say 'if [the action is] succesful it will result in a County Court Judgement against you that could affect your credit rating and could incur additional costs for you if it has to be enforced." The courts will allow juducial interest to be added, but not if you are already charging interest. The key to getting the courts on your side for late iterest is to get the claim in, registered and served. By the by, using email is arguably OK but it is not as good as a registered delivery letter. Ideally both. And finally, it is best to issue an invoice and final demand with interest added than to ask for it in court for the first time or to threaten it in your next communication. You are probably in a queue of creditors. Get to the front of it by appearing to be the least soft option for the debtor to ignore.