UKTC Archive

RE: Problem stump

Subject: RE: Problem stump
From: Mark Mackworth-Praed
Date: May 22 2020 16:24:51
Hi Trevor

I'm with Bill on this, looks like a minefield waiting to explode. To my eye, 
from your photo it looks as if the fence panels fore and aft of the stump 
have somehow kicked over towards the neighbouring house anyway, so I think 
there's room for some doubt whether what your man thinks is his, really is 
his. Besides that, even if the stump were cut away, there doesn't seem to be 
any scope for the access to be widened on that side, as the block paving 
seems to go right up to the fence before and after the stump as it is. Can't 
he widen the access on the other side, and skirt around the stump (and the 
problem)? 

Best wishes
Mark M-P

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 22 May 2020 16:36
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Problem stump

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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