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
Warning: email from outside of MVDC - if in any doubt do not open links or
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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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