UKTC Archive

Re: RE: [EXTERNAL] Problem stump

Subject: Re: RE: [EXTERNAL] Problem stump
From: Bill Anderson
Date: May 28 2020 10:58:05
Saint Charles points out somewhere in his books, I can't actually find it
ATM, that if people routinely went around disfiguring trees to abate
nuisance, new Laws would be demanded. Some might say this is unlikely, but
we (the public at large) demanded Laws about Leyland Cypress hedges and we
got em. I'm not saying they're very good Laws, I might even go so far as to
say that they're completely unsatisfactory, but nonetheless the public
wanted something and Tony Blair (who might have been a Lawyer once, IIRC)
gave us something.
If a new Law, to prevent disfigurement, turned out to be as not-very-good
as the high hedges Laws, then I think I might prefer the existing
situation, where I can at least tell people not to get into daft arguments
about trifling matters. Warning people about the costs of Lawyers is always
a good discouragement.
Bill.

On Thu, 28 May 2020 at 11:05, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Well, yes, there has always (for our purposes) been a right to abate the
nuisance. But that assumes that the abatement is possible under common law,
and without court action, which won't always be the case  - so there does
need some distinction made. But in this case, you are right, if there is a
nuisance (by reference to the tree crossing a legal boundary), then it
should be a relatively simple matter of abatement.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Julian Morris
Sent: 28 May 2020 09:46
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: RE: [EXTERNAL] Problem stump

Ron/Alistair, this appears to be an invention of a definition. Here's how
the law stands based on case law and civil/common law.

An actionable nuisance is one where the party suffering the nuisance could
raise an action to force the tree owner to abate the nuuisance. That
doesn't mean he has to. He could suffer it, or he could abate it himself.
The circumstances where action would be most appropriate would be where the
nuisanced owner wishes the expense of abatement to be borne by the
nuisancer, or where abatement is not possible without access to the
nuisancer's property or perhaps where the nuisancer is in denial and needs
to be told by a court that he has an obligation to abate the nuisance.

Summary; An 'actionable nuisance' is something that's actionable in a
court of law AND something where a person can just take the law into their
own hands.


Julian A. Morris - Professional Tree Services jamtrees.co.uk  and
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Tuesday, May 26, 2020 at 10:18 AM
From: "Alastair Durkin" <ADurkin@xxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Problem stump

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

Warning: email from outside of MVDC - if in any doubt do not open
links or attachments, or carry out requested actions
________________________________


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


--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/





--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/ This MVDC email is only intended for the
individual or organisation to whom or which it is addressed and may
contain, either in the body of the email or attachment/s, information that
is personal, confidential and/or subject to copyright. If you are not the
intended recipient, please note that copying or distributing this message,
attachment/s or other files associated within this email, is strictly
prohibited. If you have received this email in error, please notify the
sender immediately and then delete it.



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/





--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/