As I would understand it, this is normal civil law, (which the con area
over rules). The neighbour then has the right to prune up to the
boundary line, but must do it in such a way as to not damage the tree
(either presently or in the future, the tree being a fixture on the
land). Material must then be offered to the owner, but does not have to
be accepted and throwing over the fence may result in a legal case being
brought against them for causing a hazard on the neighbouring land (we
has some go ups I didn't see those branches, were is that free for sue
help line).
-----Original Message-----
From: Nick Hammick [mailto:Nick.Hammick@xxxxxxx.gov.uk]
Sent: 11 June 2009 13:00
To: UK Tree Care
Subject: Section 211 Notices - Tree Owner's refusal to allow works
Dear Learned Ones
Notifier sends in S. 211 Notice which includes proposed works to their
tree and includes works to 3rd party tree.
Its proposed by the 'overhangee' to prune back a number of their
neighbour's low branches to the boundary.
LPA raises no objection/hereby confirms agreement to this work, at which
point the 3rd party/owner of the overhanging tree is adamant that he
does not want this to occur .
The 3rd party demands that I write to the notifier explaining 'in
crystal clear terms that they are not at liberty to do this work' and
then instructs Solicitor to 'stop' this aspect of the works.
I've told him I am not prepared to do this as I am of the view that its
a nonsense, and I need not be dragged into it all.
I subsequently spoke to the Solicitor, explaining that I was discharging
myself of this matter by simply raising 'no objection' but put it to
him, given that i'd been accused of not knowing his client's rights in
this respect, re; does his client have the right to do this?
Perhaps, not suprisingly he would not be drawn on this specific issue,
but was more than happy to pick my brains about associated relevant
matters, free of charge mind!, so as to build a case.
I have explained to the 3rd party at exhaustive length...Dom's
cymbal-chiming chimp again anyone?........that the LPA determine what
comes before them, as that is what we are required to do, and that if he
does not want this work to occur, then perhaps he'd better speak to the
notifier/neighbour about his reservations, as a reasonable person might
naturally do. Nah!! won't do that...past problems with 'em on this same
tree apparently.
However, after some thought, I explained to the Solicitor that I would
append an Informative to the notifiers S. 211 Notice thus.......
It should be noted that the person undertaking these works is advised
that tree work to be carried out on the XYZ tree which overhangings from
Etiolation Gardens
should not exceed that which was specifically proposed within the
notification, as this would be met with the disapproval of the LPA and
be liable to enforcement action.
The LPA holds photographic records of this tree for reference purposes
which were taken on the date of the initial site visit."
My question, at the risk of dragging you into it all.....what are the
rights of the 3rd party in this respect?
Nick Hammick
Tree Officer
London Borough of Merton
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