"Edmund Hopkins" <edmond.hopkins@xxxxxxxxxxxxxxx.gov.uk> wrote
Presumably it is also a common law right to lop one's own tree (never mind
human rights legislation) but the TPO regulates this without controversy,
why should it fail if its a neighbour's tree?
The common law right to cut back overhanging branches is a common law right
to abate nuisance. Nuisance is interfering with someone's enjoyment of their
property. A nuisance can not emanate from the same property as it is
interfering with.
In these days of course the power of the TPO is not without controversy. It
interferes with the enjoyment of property. Not a nuisance, but at odds with
the qualified rights to enjoyment of property granted by the Human Rights
Act.
--
Chris Hastie
Arboricultural Officer
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