UKTC Archive

Re: Help! Term tree management agreement instead of one-off works

Subject: Re: Help! Term tree management agreement instead of one-off works
From: Julian Morris
Date: Dec 31 2018 11:09:24
It won't be easy, but I like difficult anyway. There's a difference between 
having the agreement binding on the Council (which if consented it will be ), 
and it being binding on the owners and adjacent proprietors (nearly 
impossible, but if they want to try another way they will have to start from 
scratch and get everyone else to buy in before applying to Council). That's a 
lot of inertia, which should be enough for the agreement to subsist. 

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Monday, December 31, 2018 at 9:14 AM
From: "Bill Anderson" <anderson.arb.original@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Help! Term tree management agreement instead of one-off works

Writing an unambiguous tree work specification is hard enough, writing one
for trees that might or might not grow in the fullness of time is just
about impossible I'd say.... Some sort of clear statement of objectives
would probably be the place to start; the fine detail would have to be for
the future in my opinion... And if this is a development site then
ownership of said trees is likely to change in the near future so you'll
(or the TO) have to go through it all again. I do accept that the
difficulty of being unambiguous leads to unsatisfactory decisions all over
the place.

I think it would sometimes help if the TO or other Planning Officers would
have the gall to tell these new owners of trees to go back to the original
Arb who first worked on the scheme, rather than taking the advice of some
new young contractor who perhaps hasn't yet got a handle on these sorts of
situations, even though the client wants him or her because it avoids
additional fees.

All the best, Bill.

On Sun, 30 Dec 2018 at 11:55, Julian Morris <jamorris@xxxxx.com> wrote:

Simon/Rupert, there's the thing, when you get lawyers involved, they get a
bit too fancy, and everyone involved gets unnecessarily anxious. I'd 
prefer
to get given an orange and take my chances with the repercussions than try
to anticipate and cover every eventuality in advance.

Unfortunately, plain engish is rarely unambiguous. Youy should see what
the plain english people did to the Scottish High Hedges guidance, it
probably triggered 20 or 30 appeals that were bound to fail (and did) 
under
the wording of the Act.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Saturday, December 29, 2018 at 7:49 PM
From: "Simon Pryce Arboriculture" <info@xxxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Help! Term tree management agreement instead of one-off
works

Be careful about giving plain English to lawyers:

“I give you this orange.”

Legal translation:

Know all the persons by these presents that I hereby give, grant,
bargain, sell, release, convey, transfer, and quitclaim all my right,
title, interest, benefit, and use whatever in, of, and concerning this
chattel, known as an orange, or Citrus orantium, together with all the
appurtenances thereto of skin, pulp, pip, rind, seeds, and juice, to
have and to hold the said orange together with its skin, pulp, pip,
rind, seeds, and juice, for his own use and behoof, to himself and his
heirs, in fee simple forever, free from all liens, encumbrances,
easements, limitations, restraints, or conditions whatsoever, any and
all prior deeds, transfers, or other documents whatsoever, now or
anywhere made, to the contrary notwithstanding, with full power to bite,
cut, suck, or otherwise eat the said orange or to give away the same,
with or without its skin, pulp, pip, rind, seeds, or juice.

Happy new year to you all,

Simon





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The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/