Legal Q - Tree cutting

[BliarOut]

A friend of mine has a large tree outside her house. Dead branches were falling off, so she had it professionally trimmed. Unfortunately, the council took exception and have chased her up on the matter. She has been interviewed and the outcome is that she didn't damage the tree, but damaged the aesthetics of the area. The improved health of the tree is backed up by a report from a top arborculturalist. Had she asked the council first, they would have allowed it to be trimmed.

However, this took place about six months ago and she was interviewed about four months back. She was told after the interview that she would be reported (Verbal NOIP?)

In the meantime, the tree has nearly grown back and soon it will be looking better than the other trees down the road as the foliage is rampant, as predicted.

My advice thus far has been to lay low and let the tree grow, after all, the longer it takes to bring a case, the better the tree will look.

So, the question, is there a time limit to lay papers if they are to prosecute, and if so, what is it?

[chris1roll]

I'm guessiing it was a neighbour that took exception and got the council on her back?

I'd just keep quiet if it were me, probably the council didn't really care all that much but had to be seen to do something?

[justinp1]

This really makes me sad. What is even more frustrating is that it is our public funds that are being used to chase up someone who was public spirited enough to get what was no doubt quite expensive work done so that the trees were not dangerous.

Last year at a country park near me a young boy was killed by a falling branch. Whilst it may not be the fault of the park keepers etc, if your neighbour did not have the tree work done:


Would your neigbour have be liable for the costs involved if the branches blocked the road and had to be cleared?

Would your neighbour be personally liable for damage to private property such as another house or car if the branches fell?

Would your neighbour be left with the guilt (and possible charges) involved if the branches were to fall on a passer by?

I would have thought that all three would be true. I think that if any charges are brought because of the work that has been done, it will be even more of a farse. I hope it is merely the fact that another neighbour has complained and the relevant authority were duty bound to investigate, and report back to the complainant.

If your neighbour was questioned again, I would ask the council the answer to the above three questions, and ask if what was done was the right thing to do...

Oh, and I agree, I would wait it out as if nothing else the longer the case is drawn out the least likely there is anything which can be done about it and the 'evidence' grows away to prove the trimming correct.

>> Edited by justinp1 on Saturday 24th September 12:31

[Dwight VanDriver]

In the same position Blairout.

Great beech tree in the corner of neighbours garden right on my boundary corner half of which overhangs me. Suffer leaves and other problems four times a year.
Thought, as major part overhangs me, then I have a right to chop that part that overhangs. WRONG. Enquiries of Council reveal that the bloody thing is in and on the border of a Conservation Area so I cannot touch a branch otherwise a £2000 plus fine.

Reading your post then it could be similar and /or Tree Preservation Order placed on it. Council hold records on these. Again not to be touched. If there is no Conservation or Tree Preservation Order on it then I am of the opinion you can lop back those branches that overhang your property, otherwise you have to make an application to Council (mine £250) accompanied by report from Tree Surgeon for them to CONSIDER giving permission to lop.

If the tree is on the road then it belongs to LA and any lopping outside permission/right then could be criminal damage.

At 3am in the morning drill hole in trunk and insert 4" length of copper central heating tubing at an angle and flush to the trunk so that rain water will run down into tubing and into tree. They say this will kill a tree so I do not advocate its use you understand.

dvd

[BliarOut]

Thanks DvD, in this case, it's too late as it's already been lopped so the damage, which isn't actually damage if you see what I mean, has already been done.

It's a nice tree on a tree lined avenue which overhangs her drive. Unfortunately she didn't realise she needed permission to lop it The tree is now very healthy with new branches that aren't falling on to her car or passers by!

As they have formally interviewed her, is there a time limit to place it in front of the court? Fingers crossed it's six months, as it's almost that long and she's not heard any more.

[Dwight VanDriver]

Summary offence as far as I am aware so 6 months to lay information.

May be loath to prosecute?

dvd

[BliarOut]

Thanks DVD, I am also thinking that they may not want to prosecute. Tree surgeon has already said the tree's health has been improved by her actions. It may be a case of needing to be seen to take action if they had a complaint.

I'll advise her to keep quiet for eight months and then enquire if they are taking action

[Muncher]

The CPS would have to decide that it would be in the public interest to persue a prosecution, I cannot see how any right minded individual would agree that it was in the public interest to prosecute.

[IaHa]

I dealt with one about 12 years ago, chap had an argument with neighbour over a tree which he claimed was occluding light from his back garden - it really had been. It was a huge obtrusive Leylandii tree. His neighbour wouldn't touch it, and for years he had been cutting off any incursion into his territory, lobbing any offending branches back into his neighbours flower bed.

Eventually the pi**ed off neighbour decided to take the opportunity when the tree owner was on vacation to butcher the tree, reducing it to a trunk - it was the type which does not renovate if hacked.
His unsubstantiated defence was that the tree was rotten and was about to collapse with all the inherent dangers. This was not going to be accepted at court and he pleaded to criminal damage, paid a nominal fine and no compensation was awarded.

Despite the criminal record, he viewed the overall experience as a success.

[killsta]

Dwight VanDriver said:

In the same position Blairout. At 3am in the morning drill hole in trunk and insert 4" length of copper central heating tubing at an angle and flush to the trunk so that rain water will run down into tubing and into tree. They say this will kill a tree so I do not advocate its use you understand. dvd

Could also try drilling hole in trunk and inserting RoundUp, then cover said hole with bark

Less obvious and tree will be dead within weeks.




Not that I've ever done this or recommend it.

[streaky]

BliarOut said:

My advice thus far has been to lay low and let the tree grow, after all, the longer it takes to bring a case, the better the tree will look.

But soon the leaves will start falling and then the tree might not look so good. Perhaps the Council are just waiting for this .

Dwight VanDriver said:

At 3am in the morning drill hole in trunk and insert 4" length of copper central heating tubing at an angle and flush to the trunk so that rain water will run down into tubing and into tree. They say this will kill a tree so I do not advocate its use you understand. dvd

I believe that it's the copper that kills (not a reference to the recent incident in Stockwell Tube Station), rather than the ingress of water - which might start heart rot (but case death could be a long process that way).

I too have a problem with a neighbour's tree. Many branches cross my boundary, but they are 30+ feet in the air and the only way to trim them would be by cherry-picker (no access and expensive) or climbing the tree (trespass). The neighbour is absent and has never replied to any letter.

Streaky

>> Edited by streaky on Sunday 25th September 21:40

[Piglet]

streaky said:

I too have a problem with a neighbour's tree. Many branches cross my boundary, but they are 30+ feet in the air and the only way to trim them would be by cherry-picker (no access and expensive) or climbing the tree (trespass). The neighbour is absent and has never replied to any letter. Streaky

I'd be much more worried about what the tree roots are doing to your foundations, my understanding is that as a rule of thumb the roots of a tree extend a similar lenght to it's height. Where we are renting (1930's built houses) most of the houses are showing signs of subsidence as they have blooming great conifers in their gardens which are causing damage. Bizarrely nobody seems to be noticing!!

If you think you've got a problem write, recorded delivery to your neighbour, keeping a copy advising that if you suffer any subsidence you will be holding him responsible.

[Tafia]

Family member recently had a tree cut down but before touching it, I contacted the council's "trees" officer in case there was a tree preservation order ( TPO )on it. He replied that it was OK to cut it down as long as we checked for the presence of bats before doing so.

It had to come down as a neighbour became alarmed after seeing three sheep emerge from the trunk after a rain storm. Yes folks it was really hollow.

Neigbour thought it might drop on his bungalow. Down now and cut into log sized lumps.

Tree guy reckoned it weighed about 8 tons. A big 60 foot ash, over 100 years old. Sad to see it fall.

[nonegreen]

As a general rule "Do it" then smile and deny it. Seeking the advice of the coulcil or the police is the last thing to do. They are all corrupt and/or criminals, don't trust them.

[streaky]

Piglet said:

streaky said: I too have a problem with a neighbour's tree. Many branches cross my boundary, but they are 30+ feet in the air and the only way to trim them would be by cherry-picker (no access and expensive) or climbing the tree (trespass). The neighbour is absent and has never replied to any letter. Streaky I'd be much more worried about what the tree roots are doing to your foundations, my understanding is that as a rule of thumb the roots of a tree extend a similar lenght to it's height.

The tree is approximately 100 yards from the house ... I'm more worried about branches crashing on to the greenhouses - Streaky

[hugoagogo]

Tafia said:

It had to come down as a neighbour became alarmed after seeing three sheep emerge from the trunk after a rain storm. Yes folks it was really hollow.

hollow trees survive storms better than solid ones, it just being hollow is no reason to cut it down

[JMGS4]

killsta said:

Dwight VanDriver said: In the same position Blairout. At 3am in the morning drill hole in trunk and insert 4" length of copper central heating tubing at an angle and flush to the trunk so that rain water will run down into tubing and into tree. They say this will kill a tree so I do not advocate its use you understand. dvd Could also try drilling hole in trunk and inserting RoundUp, then cover said hole with bark Less obvious and tree will be dead within weeks.

Copper nails work as well as the pipe DVD mentioned, it's the copper that kills the tree, or pour copper sulphate around the roots!!!