In a message dated 14/12/2005 16:13:07 GMT Standard Time,
jdunster@xxxxxxxx.com writes:
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.
Surely the fall back position is if nothing is said or written then
'workmanlike manner' is the implied standard..... I mean if someone borrows
say your
phone you don't expect them to knock nails in with it do you?
Why should trees be any different to any other 'obvious' informal contract?
To turn to the encroachment being a 'nuisance at Law,' Despite Mynors'
interpretation the stuff in his book still remains considerably less than
clear and
it seems to me that the assembled m'Luds never miss an opportunity to fly off
at a tangent and never get to answer the straightforward question "is an
overhanging branch a nuisance when it doesn't bother anybody or anything?"
Seems to me we still need a clear cut case where a m'Lud who speaks plain
English can spell it out for us.
There is also a bit of common sense we could apply here: As roots count just
as much as branches then it seems the tree owner should not allow his roots
to
extend beyond his boundary. This is quite plainly largely impractical so as
the Law is not meant to be ridiculous then this cannot be correct.
But overall; I dunno.
Bill.
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