Edake wrote:My husband wrote to the council requesting permission to prune next door’s poplars which overhang onto our property. I must admit we were hoping for their expert opinion on one of the trees which has looked dangerous for some time. It has been inspected today, photos were taken, we have been told that the tree has to come down and a report will be submitted recommending that the tree is felled because it is rotting. This has greatly upset my neighbours who bought the house recently, one of the reasons being they loved the trees. I sympathise with them and was wondering, if at the time of the house sale the previous owners didn't declare that they had an altercation with us about this poplar would they have any liability for the cost? We told the previous owners we were concerned that it would fall on our bungalow, they were happy for the tree to be removed from their garden if we paid for it.
As Mac points out the tree owner and the neighbour reached an agreement, so there's no neighbour dispute to declare. The agreement wasn't implemented, and that would have required the consent of the council as the tree was TPO'd. That aside, the tree is the responsibility of its owner and that includes cost of management. Why would the neighbour/OP have to pay.MacadamB53 wrote:you and your neighbour's predecessor reached an agreement about a protected tree of his which you had concerns about - if an expert ever says the tree needs felling, and the council agree this can be done, you will pay for the work on his behalf.
The pruning application will be judged on its merits and will be approved. Just because the tree owner has been advised the tree needs to be felled it doesn't follow that they will fell it. Other works are almost certainly possible that will reduce the risk to an acceptable level, or the tree owner may just accept the risk and keep the tree. In either of those scenarios it may still be possible to prune the tree in accordance with the application, and the OP may still want to implement their consent. There has been no altercation, disagreement, or dispute to declare. Rather there has been agreement about felling the tree, it was just never done. A list of matters that COULD affect neighbours would be infinite. Common sense and a reasonable view of what COULD affect neighbours must apply.Roblewis wrote:... the council have leapt over your pruning request and have now advised the owners to fell the tree as it is rotten, your pruning request thus being refused in effect. You must now leave it with them to decide. The council may even force their hand and declare it as a danger to persons. Contrary to Mac, I believe the vendors should have clearly declared the altercation as it was, from what you say, long standing, the SPIF clearly asks if there are matters that COULD affect neighbours.
A common knee jerk reaction. Why must the health of the other trees be in question. Each one is an individual and should be assessed individually.arborlad wrote:if one requires felling, unless it's the result of some physical damage - bonfire, digger strike etc., it must put the health of the others in question.
NoI sympathise with them and was wondering, if at the time of the house sale the previous owners didn't declare that they had an altercation with us about this poplar would they have any liability for the cost?
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