UKTC Archive

Re: Problem stump

Subject: Re: Problem stump
From: Bill Anderson
Date: May 22 2020 15:36:23
I thought it was just me who got lumbered with warring neighbours, where
the chances of ever making a profit are nil.
Going on the photo Trevor, I'd tell the client to stop wasting his time and
just put up with it. It really can't be causing that much of a hindrance.
And FWIW, people selling houses are supposed to warn their potential
purchasers of residual disputes aren't they? Setting up a long-winded feud
might lead to unintended consequences. I'd do my most-ut to avoid getting
involved.

On Fri, 22 May 2020 at 14:35, Julian Morris <jamorris@xxxxx.com> wrote:

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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