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arb culture

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Everything posted by arb culture

  1. arb culture
    Hi Paul, I totally agree with your logic - and I always thought similar. But then why does Mynors seem to say something different and far more complex? Have we misunderstood him? Weird - and perhaps one for the lawyers I think. I'm going back to looking at trees now.
  2. arb culture
    Cool, I'd not heard of that one. Thanks
  3. arb culture
    I think we are all agreed that where the base of a tree is in one persons land but the roots or branches cross into another then there is likely to be only one owner of a tree. The disagreement comes from what happens when the base of a tree straddles a boundary. Some of us are under the impression that a tree with a base straddling a boundary has joint ownership, some think this is wrong and that there can be only one owner. I've provided some citations (sourced from Charles Mynors book) to show that trees growing with a base that crosses a boundary have joint ownership. I'd be absolutely delighted if someone could provide some case law or legislation that shows that this view is wrong (or even questionable). I also wonder if Scottish and English law contain some differences on this matter.
  4. arb culture
    But if the tree is jointly owned then it might be that there cannot be any trespass or encroachment. Which is why I responded to the original query that they should sort out who owns the tree before they go any further.
  5. arb culture
    Ah sorry - I didn't mean to defend that quote, I was just trying to be helpful in providing some case law citations for you. With these citations it's possible for a person to check the matter out for themselves. After reading Mynors' book and checking out the case law myself, I do now believe that what I was taught about there only ever being one owner of a boundary tree is wrong. But I am not a lawyer. Do you know any case law showing that there can only ever be one owner of a boundary tree?
  6. arb culture
    Woah, hang on a minute - I didn't say, "Its pretty straight forward and is backed up in law". Please don't misrepresent me
  7. arb culture
    Tony, I'm totally with you on this - and I am very grateful indeed for your offer of a free space to discuss ideas without interference. So I ask others - please let's not discuss any other methods or ideas other than our own. As for me - someone has, quite rightly, warned about copyright matters, and I thank them for that. However, this has raised a couple of questions for me, so I am going to discuss my ideas with my solicitor before I go any further on this. I'll let you know how I get on, but it won't be for another week. I don't predict any legal problems, but I'm not a lawyer so I better check first. Obviously, I should have checked this out before starting this thread - sorry
  8. arb culture
    Cheers Tony, Let's try and keep it positive people
  9. arb culture
    Hi Jon, Nice to hear from you - your mortgage report course that I attended is still giving me food for thought (in a good way). Mynors does say that the situation is more straightforward where a tree is close to a boundary but not on it. He does indeed seem to be saying that ownership magically changes when a tree base straddles a boundary. BUT he also cautions that the position regarding the duties and rights of jointly owned boundary trees is not yet entirely clear, and that there might be room for further litigation to clarify the rights and duties of those concerned. Have you had any experiences you are able to share which could throw some light on this?
  10. arb culture
    Hello all, This thread was set up to discuss the possibility of creating an open source quantified risk assessment system for the benefit of everyone - arbs, tree owners, private business, charities etc. Please don't engage with the haters. I would suggest to the moderators of this site that any further attempts to attack the personal or professional standing of contributors of this thread are treated as 'flaming' and are immediately removed. Thanks
  11. arb culture
    Sorry to hear about your injury - I hope it gets better soon. Don't take a lack of feedback as a suggestion that your posts are not worthwhile. I know I've been lurking rather than actively participating for a long time, but I find your posts interesting and often thought provoking, I'd be surprised if I was alone
  12. arb culture
    It's at section 3.2 of Charles Mynors' book The law of trees forests and hedges. Among the cases he cites are Lemon v Webb 1894, Heatherington v Gault 1905, Richardson v Jay 1960, and Stanton v Jones (unreported) 1994. It would seem that many of us tree people have been mis-educated regarding boundary tree ownership. I have trained at several colleges/universities, and, as far as I can remember, they have all taught me that boundary trees belong to one person or another but not both. So I'm very grateful to Charles Mynors book for setting me straight.
  13. arb culture
    I was reading up on this and just found out about something I didn't know before - there are plants called myco-heterotrophs that are parasitic on honey fungus! There's also something called mixotrophy whereby mycorrhizal associations get a little weird. How cool is nature
  14. arb culture
    Cool, thanks for the heads up treeseer. I'm even more interested now.
  15. arb culture
    Tee hee, sorry I couldn't resist. Excellent news on the consultant scheme updates - I will watch out for that with interest, thanks. I did mean it about the contractor scheme though - it sounds really good these days.
  16. arb culture
    Hi Paul, I've been hearing good things about the approved contractor scheme - nice work. I'm looking forward to the day that you sort out to registered consultant scheme too
  17. arb culture
    The only peer reviewed version of QTRA that I am aware of appeared in a 2005 edition of the ISA's Journal of Arboriculture, every page of this article clearly states "©2005 International Society of Arboriculture". I thought that was interesting.
  18. arb culture
    Cool, thanks Paul.
  19. arb culture
    Sorry, I got the wrong journal - I meant that the only peer reviewed version of QTRA seems to be copyrighted by the ISA. That's quite interesting.
  20. arb culture
    Update: I have been informed that Potassium phosphite can be used to help infected trees if it is used as a fertiliser. Does anyone know more about this?
  21. arb culture
    Acer, You do raise a valid question about copyright. I was wondering who actually owns the copyright to QTRA? Presumably later versions are copyrighted by QTRA Ltd, but the only peer reviewed version of QTRA that I'm aware of appears to be copyrighted by AB Academic Publishers. Anyway, this is an aside - what I've come up with so far is not like QTRA, so we can all relax.
  22. arb culture
    Hi Acer, Thank you for your encouragement, and for your thoughts. James
  23. arb culture
    Hello all, I've been scratching my head about quantifying risks from tree for years and years now, and I'm not really happy with what's out there at the moment for all sorts of reasons. Therefore, I was wondering if anyone would be interested in getting together to create a quantified tree risk assessment method that's open to all. No hidden calculations, no unexplained arbitrary numbers, no mystical mathematical methods, no members only discussion forums... I've done a lot of work on this already but I don't want it to be my thing - ideally I'd like it to be everyone's thing.
  24. arb culture
    Cool, good idea
  25. arb culture
    Thanks David, Verticillium certainly matches the description I've given - but I still don't think this is the culprit. Pictures would be helpful - give me a couple of days and I'll go and get some to show you

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