UKTC Archive

Re: Problem stump

Subject: Re: Problem stump
From: Julian Morris
Date: May 22 2020 13:35:24
Tht seems to be what the law would require of anyone acting reasonably, but 
based on the picture there doesn't look like there would be any immediate 
crashing down. The neighbour, forewarned of risk arising, would have time to 
reduce it.

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


Sent: Friday, May 22, 2020 at 2:16 PM
From: "Trevor Heaps (theapsy@xxxxxx.com)" <uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Problem stump

Thanks Julian,

Guessing the other part-tree owner (who will no longer cooperate and agree 
to the stump’s removal) should be pre-warned about the potential future 
failure of the tree.

Cheers 

Trevor Heaps 
Chartered Arboriculturist
BSc(Hons), MICFor, M.Arbor.A 

07957XXXXXX
 
trevor@xxxxxxxxxxxx.co.uk 
http://www.trevorheaps.co.uk

On 22 May 2020, at 08:01, Julian Morris <jamorris@xxxxx.com> wrote:

Seems clear cut (no pun intended) to me. IF the tree is not your client's 
and no argeement is in place or could be asserted by the neighbour that it 
is managed mutually AND IF he MUST widen the road, then the tree is 
creating an actionable nuisance by encroaching on his land in a way that 
prevents the reasonabe use of the land AND IF there is no other solution, 
he can remove pat of it regardless of the consequences for the tree or the 
neighbour.

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


Sent: Thursday, May 21, 2020 at 6:41 PM
From: "\theapsy@xxxxxx.com\ (theapsy@xxxxxx.com)" 
<uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Problem stump

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?

Cheers

Trevor   


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The UKTC is supported by Bosky Trees arboricultural consultancy
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