Jon
I'd like to contact you off forum about this but messages to your e-address
bounce back.
Can you check?
Peter
-----Original Message-----
From: Jonathan Hazell [mailto:go2jonathan.hazell@xxxxxx.com]
Sent: 07 June 2012 14:49
To: UK Tree Care
Subject: RE: What remedy?
Paul, et al,
The tree is covered by TPO (North Warks).
There are holes that have been deliberately drilled into the trunk and
allegations that a chemical introduced to those holes has killed the tree.
J
-----Original Message-----
From: Paul Hawksford [mailto:arborconsulting@xxxx.com]
Sent: 07 June 2012 14:37
To: UK Tree Care
Subject: RE: What remedy?
Jon
Mynors also points out at 3.6.4 (2002) and in order to abate a nuisance,
that if the encroaching tree is subject to a TPO, the consent of the
planning authority is not required, this also applies to conservation
areas...
This is the 2002 version, not sure if this has changed?
Paul...
Paul Hawksford
Principal Arboriculturist
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From: ADurkin@xxxxxxxxxx.gov.uk
To: uktc@xxxxxx.tree-care.info
Subject: RE: What remedy?
Date: Thu, 7 Jun 2012 13:15:52 +0000
Hi Jonathan, I think the first question should be: If the tree is
straddling the boundary, is it definitely within your client's sole
ownership? That may well be something for the courts to decide before anyone
worries about damage that has been caused.
So, let's just say the tree stem is wholly within your client's land.
Clearly the neighbour has a common law right to cut back to the boundary
(Lemmon v Webb, Hunter v Canary Wharf), provided they take reasonable care.
Has reasonable care been taken? If as you say, the tree may die as a
consequence, then it may be considered that your client has suffered a loss
due to the neighbour not carrying out the works with "reasonable care".
Also, according to Mynors (2011), it has been held by the House of Lords
that if two remedies to the nuisance exist then the least mischievous should
be followed. I suspect therefore that there may be a case for liability in
negligence (see 5.3.3 of Mynors, 2011).
Hope this helps
Alastair
-----Original Message-----
From: Jonathan Hazell [mailto:go2jonathan.hazell@xxxxxx.com]
Sent: 07 June 2012 13:57
To: UK Tree Care
Subject: RE: What remedy?
Paul,
No, the tree is very much on the boundary between the two properties
(there's a break in the fence to either side of the stem) and so the
neighbour, if it was he, did the allegedly dastardly deed from the
safety of his own property.
J
-----Original Message-----
From: Paul Hawksford [mailto:arborconsulting@xxxx.com]
Sent: 07 June 2012 13:50
To: UK Tree Care
Subject: RE: What remedy?
Jon
Did the neighbour cross the boundary whilst performing the works?
Paul
Paul Hawksford
Principal Arboriculturist
______________________________
ARBOR CONSULTING - TREE SURVEYS, INSPECTIONS, ADVICE & REPORTS 260
Doury Road Ballymena County Antrim Northern Ireland
BT43 6TU
______________________________________________________________________
______
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M: +44 (0)7746 817923
E: arborconsulting@xxxx.com
W: www.arborconsulting.co.uk
P Please consider the environment - do you really need to print this
email?________________________________________________________________
______
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Disclaimer:
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person(s) ("the intended recipient") to whom it is addressed. It may
contain information that is privileged and confidential within the
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Accordingly any dissemination, distribution, copying or other use of
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a breach of civil or criminal law and is strictly prohibited. If you
are not the intended recipient please contact the sender as soon as
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liability for any losses resulting from infected e-mail transmissions.
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______ _________________________________________
From: go2jonathan.hazell@xxxxxx.com
To: uktc@xxxxxx.tree-care.info
Subject: What remedy?
Date: Thu, 7 Jun 2012 13:44:25 +0100
Afternoon all,
Can anyone remind me if there is a genuine remedy that may be
exercised against a neighbour who wilfully damages my tree, so much
damage that the tree may have to be removed?
There was a thread recently as I recall but I don't remember what
remedial actions were available to the injured party.
Thanks as ever,
Jonathan
Jonathan Hazell BSc. FArborA.
Independent arboricultural consultancy
07501 059 566 | Blog <http://jonathan-hazell.blogspot.co.uk/> |
Linkedin <http://www.linkedin.com/pub/jonathan-hazell/18/40b/8b9>
|Twitter <https://twitter.com/>
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