Trees and the Law

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Discussion

Steve H

5,293 posts

195 months

Monday 27th June 2016
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e600 said:
I am just a bit pissed off at the other neighbour because of the extra cost of the platform lift due to his intransigence over access.
Sounds like you can cut your cost to zero.

SVTRick

3,633 posts

195 months

Monday 27th June 2016
quotequote all
e600 said:
Thanks to all who replied. As the neighbour refused access to my tree surgeon thus costing more money
than really necessary through having to hire a platform lift I think i wll invite him to remove any he wishes, and provide permission to access my land. I will even dispose of the waste.

My neighbour on the other side is a decent chap, who granted me permission to cut 20 of so feet of the top of his very tall beech tree that was preventing some of the back garden receiving sunlight. My tree surgeon identified the tree as being diseased and despite a tpo the council gave permission and we went 50/50 on its removal cost.

I am just a bit pissed off at the other neighbour because of the extra cost of the platform lift due to his intransigence over access.
Had a similar issue with a neighbour who wanted to cut back a massive oak tree but use my garden to work from and drag all the dross out through my side yard area and feed into the chipper outside my frontage, told him to fk right off and get a professional firm who can use extra climbers to cut and pass it back through the tree into owners garden.
Then come round after and clear all mess and shavings etc.
That of course once I have seen sight of his Liability Insurances & Method Statement/Risk Assessment.
As he would be working over my outbuildings and pool.



Brads67

3,199 posts

98 months

Tuesday 28th June 2016
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ChrisnChris said:
Just as an addition to this situation, the next door property has a Chestnut tree, again right on the boundary. Over the years, 20 or so, we have pollarded the tree every few years,back to it's trunk. Our neighbour was fine with this. They didn't want the tree felled.
This tree is the cause of a great deal of aggravation for me.
It cuts all the light from a patio area and drops a massive amount of leaf in the Autumn, the tanin stains are horrendous.

The girth is about 90-100 ins. and is pushing a fence panel over.
I would say that the trunk is about 4-6ins on our property and only about 10 ft away from the wall of our kitchen.

We have new neighbours as of a couple of months ago. I have spoken to them about the tree with a mind to having it felled.
At first they seemed to be in agreement but they wanted to leave it until they were settled. They have now changed their stance and want the tree to remain.

What is the solution here, can I get the chainsaw out and cut away a 6inch slice from the side of the tree.

Perhaps I should introduce Cryphonectria parasitica....
Yes you can.

Anything across your boundary is fair game.

I cut a slice the size of an ironing board from my lunatic next doors cherry tree.

People who plant trees right on boundaries are thoughtless.

jshell

11,006 posts

205 months

Tuesday 28th June 2016
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SVTRick said:
working over my outbuildings and pool.
Beautifully slipped in at the end there... thumbup

Blanchimont

4,076 posts

122 months

Tuesday 28th June 2016
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Frankly, I would say "A tree surgeon is coming in to cut back the tree, he will need access to your land to do so" If he refuses to allow access then I would say "Then the tree will not be cut then."

No need to be an arse about it, but no need to be a walkover. He wants the tree trimmed more than you do. If he's going to be a knob and not let anybody access it to cut it down (to suit him!) then he can put up with it or cut it himself.


surveyor_101

5,069 posts

179 months

Tuesday 28th June 2016
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jshell said:
Beautifully slipped in at the end there... thumbup
Yes you would want any working over the pool to have a life jacket on and potentially shower before entering ones pool.

Red Devil

13,060 posts

208 months

Wednesday 29th June 2016
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Brads67 said:
ChrisnChris said:
Just as an addition to this situation, the next door property has a Chestnut tree, again right on the boundary. Over the years, 20 or so, we have pollarded the tree every few years,back to it's trunk. Our neighbour was fine with this. They didn't want the tree felled.
This tree is the cause of a great deal of aggravation for me.
It cuts all the light from a patio area and drops a massive amount of leaf in the Autumn, the tanin stains are horrendous.

The girth is about 90-100 ins. and is pushing a fence panel over.
I would say that the trunk is about 4-6ins on our property and only about 10 ft away from the wall of our kitchen.

We have new neighbours as of a couple of months ago. I have spoken to them about the tree with a mind to having it felled.
At first they seemed to be in agreement but they wanted to leave it until they were settled. They have now changed their stance and want the tree to remain.

What is the solution here, can I get the chainsaw out and cut away a 6inch slice from the side of the tree.

Perhaps I should introduce Cryphonectria parasitica....
Yes you can.

Anything across your boundary is fair game.

I cut a slice the size of an ironing board from my lunatic next doors cherry tree.
If your handiwork is such that the tree becomes diseased or dies and it is traced to you be prepared for a world of grief.

Brads67 said:
People who plant trees right on boundaries are thoughtless.
May be so, but the planter may be long dead and those who come after are stuck with it.
There are also many places where the trees existed before the development even took place.

My previous house was built in the 1920s. The garden includes 5 trees on one side.
I found an old photograph in book on local history which showed they were in situ before WW1.
Back then the entire area was orchards and they were planted as a windbreak.
The orchards were sold off bit by bit for development as the town mushroomed between the two world wars.

My 5 were/are part of a line of 40 and they are all still there.
That's because two years after we moved in the LA slapped TPOs on the lot.
Maintenance thereafter meant a lot of negotiation when work needed doing.
Then the next door neighbour was posted abroad by his company and he let the house.
Trying to get the tenants to understand they couldn't do-as-you-likey with any overhang was a PITA.
It wasn't long before I was on first name terms with the Council's Tree Officer!