Andersonarb@xxxx.com wrote:
>In my opinion if you have agreed to let your neighbour prune your
'>nuisance' off, then you have a right to assume that he will undertake this
in a
'>workmanlike' manner. That is; in accordance with good practice. So if
he just goes and cuts the thing back to a boundary leaving a nasty raggy
wound >then it could arguably be 'wilful damage.' If he top-cuts the branch
which then rips
all the way down the stem, then it's definitely 'wilful damage.'
I was always led to believe that abatement of the nuisance would not
necessarily need to conform to good arb practice (as long as the work is
confined within the curtilage of the boundary and no further), but that this
is advised to avoid potential litigation should the tree or parts of the tree
fail and cause damage as a consequence of his/her actions.
Paul H.
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