Supported by the Arborcentre

UKTC Archive

Top 21 Gardening Sites
tree-care.info for tree advice

Re: Nuisance Exemption

Subject: Re: Nuisance Exemption
From: Julian Dunster
Date: Dec 14 2005 16:12:56 
  Paul:
That was my understanding of English common law which applies in Canada.
Unless the owner specifically asks, or states (ideally in writing) the
manner in which the work is to be underaken, the person affected by the
nuisance can simply lop the limbs off to the vertical projection of the
property line. Pruning style is not an issue. Same with the roots. I think
we have some case law that notes the limbs or roots actually belong to the
tree owner and should be returned (a case soon after Lemon v Web as I
recall), though my experience has been that owners are not typically
thrilled to have the trimmings delivered back to them! 

jd

=============
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.





---------------------------------
How much free photo storage do you get? Store your holiday snaps for FREE
with Yahoo! Photos. Get Yahoo! Photos 

--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/

Current thread