UKTC Archive

While I share the sentiments Ron (and Alastair) implies here, who actually
"took the law into their own hands?" Was it the party who allowed the tree
to grow over the property boundary? Or is it going to be the party that
exercises the right to self-abatement of nuisance? Or could we look upon
the Highway Engineer who demanded that an access be a minimum width as
being the party that turned a "minor inconvenience" into an "actionable
nuisance?"
On the odd occasion I've been called upon to advise in cases where
neighbours are objecting to an adjacent development, I've advised that the
nuisance that is definitely not actionable, that is shade cast by a tree
rather than potential damage to roots or pruning branches back to a
boundary, is a more powerful reason, as there's no right of self abatement
of shade nuisance. The argument of "if you let that building go up, the
occupants are going to be permanently complaining that my tree, which makes
a great contribution to the neighbourhood's landscape and biodiversity, is
making their property unliveable," seems more pertinent than nuisance from
roots or overhanging branches.
If I was a Planning Officer I'd try and leave Trevor's case to his client
and neighbour to sort out between themselves.
Bill.

On Tue, 26 May 2020 at 10:19, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Hear hear!

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Howe, Ron
Sent: 26 May 2020 09:40
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Problem stump

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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