UKTC Archive

Problem stump

Subject: Problem stump
From: ""
Date: May 21 2020 17:42:05
Hi all,

As part of a redevelopment, my client needs to widen very slightly a small 
access road. On the side of this road, there is an old, decaying (but 
re-sprouting) Sycamore stump (see photo).
Ownership is unclear, but client thinks the centre of the stump would be 
slightly further into the neighbouring property than his access road (so not 
the client's tree).
No TPO, no Con Area and no Planning Permission granted.
Not very good practice I know, but he wants to exercise his common law right 
and cut a wedge out of the tree stump in order to provide room for the 
widened road (Highways have insisted it needs to be a certain width).
I've never come across this scenario, so wondered if he would be within his 
rights to cut away the offending part of the tree stump? It'll leave a big 
wound, but tree is knackered anyway...

Any thoughts?



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