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RE: That common law right [Scanned]

Subject: RE: That common law right [Scanned]
From: Alastair Durkin
Date: Sep 24 2009 15:12:33
______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS                 
To provide a deeper understanding of QTRA and its practical application 
in the field we are running a two-day QTRA Training Workshop at Merrist 
   Wood College, Surrey followed by a one-day Visual Tree Assessment    
 workshop. 13-15 October 2009.  Book now and make the most of your tree 
 management budget and minimise the impact of safety management on the  
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

Mills v Brooker (1919) established the ownership of overhanging branches but 
no mention of throwing them back over. Lemon v Webb (1894) helpfully 
established that it would be a neighbourly act to inform the owner of your 
intention. I don't think anyone has actually established whether throwing the 
cut branches back over would or would not be a case of littering or indeed 
fly tipping.

Alastair Durkin
Forestry Officer
Planning
Tandridge District Council
Tel: 01883 732863
E-mail: adurkin@xxxxxxxxxx.gov.uk



-----Original Message-----
From: rupertbaker [mailto:rupert_baker@xxxxxxxx.co.uk]
Sent: 24 September 2009 15:05
To: UK Tree Care
Subject: RE: That common law right [Scanned]

______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS
To provide a deeper understanding of QTRA and its practical application
in the field we are running a two-day QTRA Training Workshop at Merrist
   Wood College, Surrey followed by a one-day Visual Tree Assessment
 workshop. 13-15 October 2009.  Book now and make the most of your tree
 management budget and minimise the impact of safety management on the
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

If exercising yr common law right, you need to dispose of any waste - ie the
arisings - but musy offer back to the owner anything of value - wood,
timber, and fruit.

From  NDG (No Damn Good) James  -foresters handbook -if I remember correctly
Rupert

-----Original Message-----
From: Edmund Hopkins [mailto:Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 24 September 2009 14:24
To: UK Tree Care
Subject: That common law right [Scanned]

______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS
To provide a deeper understanding of QTRA and its practical application
in the field we are running a two-day QTRA Training Workshop at Merrist
   Wood College, Surrey followed by a one-day Visual Tree Assessment
 workshop. 13-15 October 2009.  Book now and make the most of your tree
 management budget and minimise the impact of safety management on the
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

Please advise me, if someone lops to the boundary line, can they return the
arisings even if the tree owner doesn't want them, indeed can they insist on
it?

As ever, Edmund

Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council

Join us at the Big Wheel's Big Day Out on 26th September 2009 at Nottingham
Castle for a day of FREE music and entertainment. Visit
www.thebigwheel.org.uk/festival for your discounted bus voucher.

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