UKTC Archive

Re: Problem stump

Subject: Re: Problem stump
From: Bill Anderson
Date: May 25 2020 09:36:52
I suspect Wayne, that the problem here is the co-owner of the stump wants
to thwart the development, and he sees his decrepit old tree (stump) as a
route whereby he can  prevent it. The proposer of the development might
like to try and seek damages for his plot of land being devalued by the
stump, which might make the co-owner see things a little differently, but
equally it might be that a different smaller development might not
require such specific access requirements.
We've still (despite COVID19 I think) still got a housing crisis in this
country, and the difficulty of satisfying neighbours in these sorts of
applications is possibly one of the reasons. But that's another thread, and
probably not one for Arbs.
Bill.

On Sun, 24 May 2020 at 15:43, Charles Bennett <
charlesbennett1959@xxxxxxxxxxx.com> wrote:

I doubt it's the stump that is the root of the neighbour dispute, just the
latest chapter. These things have a habit of building up over time till
even the smallest of things take on huge significance to the 'waring'
parties.

There's no reason to go to court. The neighbour can exercise their lawful
right to cut it back to the boundary, as has been suggested. As for a
'potential future hazard', I can't see that argument getting any traction.

We can't get along because it's human nature to be greedy, jealous,
covetous, and for some it's about power and control.

Charles


On Sun, 24 May 2020, 02:50 Wayne Tyson, <wt750mv@xxxxxx.com> wrote:

It's unfortunate that neighbors are so rash as to fight over a tree
stump.
It will doubtless be many years before the regrowth gets tall enough for
the stump cleavage to cause a problem. It probably failed in the past and
the owner didn't want to pay for the removal. The stump must be a couple
of
meters across? That means it was a huge, well, rooted tree. If it goes to
court, the potential for future hazard probably should be made clear.

"Why can't we just all get along?" --the late Rodney King

Wayne

I'm stumped.

On Sat, May 23, 2020 at 9:23 AM Bill Anderson <
anderson.arb.original@xxxxxx.com> wrote:

In that case I'd follow Julian's reasoning. Just grind it off where
necessary to get the emergency vehicle access the highways people say
is
necessary.

On Fri, 22 May 2020 at 21:50, Trevor Heaps <uktc@xxxxxx.tree-care.info>
wrote:

Thanks guys.

No, can’t widen on the other side. This access road leads to a plot
of
land he is developing. No other objections from any other department
apart
from Highways - who won’t give the all clear until this small part of
the
access road is widened (for access for emergency vehicles I think)
and
so
the whole development is currently stumped by this stump!

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 17:24, Mark Mackworth-Praed <
mark@xxxxxxxxxxxxxxxxxxxxxx.co.uk> wrote:

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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