UKTC Archive

RE: [EXTERNAL] Re: Problem stump

Subject: RE: [EXTERNAL] Re: Problem stump
From: Howe, Ron
Date: May 26 2020 08:40:17
An 'actionable nuisance' is something that's actionable in a court of law and 
not something where a person can just take the law into their own hands.

Ron.



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Trevor Heaps
Sent: 22 May 2020 14:16
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Problem stump

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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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