Neighbours, Overhang – and the Disposal of Cut-off Branches

Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby arborlad » Fri Jul 20, 2012 2:09 pm

Anthony Westoby wrote:................. this site is famous for it's Moderators ......................


Is it?




..........you've managed to set three of these Mods at each others' throats.


I don't think so!!
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Anthony Westoby » Fri Jul 20, 2012 3:45 pm

Arborlad,

Site Moderators ------ Perhaps I am mistaken, please correct me instead of being mysterious.

TonyW.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby withreason » Fri Jul 20, 2012 3:50 pm

Anthony Westoby wrote: It's an old old adage but 'talk talk talk' is my advice --- you'll get there.

I removed a tree from my neighbours garden yesterday ----- it's actually my tree ------ and I got a really good result from the resultant chat ----------- He now agrees with me that what is wrong with most folks is that they are hiding behind six or seven foot fences and not talking to one another.

He is going to revert to am old style 'Picket' fence and gate ---------- wonderful. ------- Why ------ cos it's cheaper!!!!!

I rest my case.

TonyW.


That's so wonderful for you, that you have a neighbour who is willing to talk talk talk!

Unfortunately, as human nature is so very variable, not all people are willing to talk talk talk. Some only want to take take take. I will be putting up one of those 2 metre panel fences, replacing a low picket fence so I cannot see nor talk to neighbours who do not want to listen, and who think they can get what they want through bullying. :evil:
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby despair » Fri Jul 20, 2012 3:53 pm

all the moderators are entitled to their own opinions

only one of us ...........ie Mattylad can delete or lock topics
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby dercetas » Sat Jul 21, 2012 9:47 am

[color=#0000FF]

Anthony Westoby wrote:

dercetas,

You have come to us on this site to get info on your legal standing in your (complicated) situation. Thank you for your posting and thank you, indeed, for your further explanation (it ALWAYS concerns money).

However, The moral question will always arise and WILL influence the eventual outcome.

EDITED

This is more than just a posting ------ it's a reflection of the present political/socio/ecomomic domestic situation IMHO. I agree absolutely that there is work to be done on the legal aspects of us all living 'cheek by jowl' as we do in this country, after all, this isn't France.

If you read my postings you will see that you must find a DIY answer and not try to armour yourself with laws that just don't exist (yet)

It's an old old adage but 'talk talk talk' is my advice --- you'll get there.

I removed a tree from my neighbours garden yesterday ----- it's actually my tree ------ and I got a really good result from the resultant chat ----------- He now agrees with me that what is wrong with most folks is that they are hiding behind six or seven foot fences and not talking to one another.

He is going to revert to am old style 'Picket' fence and gate ---------- wonderful. ------- Why ------ cos it's cheaper!!!!!

I rest my case.

TonyW.

______________________________________________________________

Thank you, Tony, for your wise and measured words – and indeed my thanks again to others who have contributed much that is thoughtful and full of common sense. (Oddly enough in this case money isn't the main issue – but, if I'd outlined the full history and all the complexities, we'd have been here till Christmas...!)

I think that's about it. This is a very helpful site, and indeed with an exceptionally high level of both intelligence and literacy (both of which are at a premium on the internet); and I'm sure that I'll be back.

(Incidentally one or two people have assumed which side of the fence – as it were – I am on. I have deliberately camouflaged identities, written of both sides in the third person, and been careful to express both sides' position cogently and fairly. I would therefore like to think that no-one would be able to make a confident guess as to whether I am the house owner or the tree owner in this case...!)

Anyway ... thank you again, Garden Law EDITED[/color]
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Anthony Westoby » Sat Jul 21, 2012 12:34 pm

dercetas,

Many thanks for that, it is truly appreciated. See you again,later , perhaps.

TonyW.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby bytheseaside » Thu Aug 02, 2012 2:27 am

Hi,

I have a neighbour who have had a boundary dispute with for many years which went to court and they did not get what they wanted which cost them a lot of money and so are fairly bitter about it.

Recently they trimmed some of the overhanging branches that ran along the boundary line and simply threw them over the hedge without warning or formally offering them back first. After legal advice, I wrote back to them stating that firstly they should have offered them back instead of just throwing them over and secondly I am within my right to refuse them and that if I do so, it is then their responsibility to dispose of them.

They wrote back claiming that they have been advised by the police that I am wrong even though it is a civil matter and not criminal so I do not see how the police can be experts in this above a legal professional. They also asked the local council although they do not want to get involved as it is entirely civil and there are no dangerous tress involved. They council also believed that they do not have to dispose of them if they don't want. Although this was only coming from a civil servant who admitted her knowledge on the law was'nt great and that was only their belief as told to them by police when there have been cases of neighbour disputes over dangerous trees.

Naturally my neighbour does not let me on their land to trim them so I can only trim what is possible from my properly and also dispose of what I trim off myself. They are perfectly able bodied enough to trim the parts off their side so I believe that I am right to exercise my right to refuse the parts and for them to dispose them themselves.

One reason it is easier for them to dispose of them as opposed to me doing so is because they just shove them through a hole in the hedge at the end of the garden in a position where it is near impossible for me to burn or transport elsewhere to dispose of.

Surely advice from a legal professional should outweigh that of the police? There is also a fact that once there was an incident where they destroyed some of my bushes which involved the police, I told the police officer I did not want the remains and so he ordered them to dispose of themselves which they did.

Cheers
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby hzatph » Thu Aug 02, 2012 7:47 am

Yes to everything.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby kipper » Thu Aug 02, 2012 12:55 pm

Apart from a costly court case which you have no guarantee of winning, or a long game of branch tennis until someone gives in what, in effect, can you do about it?
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby arborlad » Fri Aug 03, 2012 5:48 pm

arborlad wrote:
Anthony Westoby wrote:................. this site is famous for it's Moderators ......................


Is it?



Anthony Westoby wrote:
Arborlad,
Why you should think that this site is not famous for it's moderators is beyond me, it's what I hear from folk all the time, perhaps you will elucidate a little?


Sincerely, TonyW.



Tony, I've taken the liberty of moving your post to a more appropriate thread.

It was yourself who said: '.. this site is famous for it's Moderators ..'..............I just queried it, neither for or against. Perhaps you can tell us which 'folk' are saying it ............and where?


Edit: this thread appears to be heavily edited
arborlad

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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Anthony Westoby » Fri Aug 03, 2012 7:06 pm

Arborlad,

I was making a comment on the parlous state of the site due to three cons arguing, this statement has been borne out by the recent ensuing resignations.

Anon is the name of the game when it comes to personal recommendations ------ the positive conversational thrust is that this site is a 'good un' because of its regulators or moderators.

All this has come close to ruining a very good public site of late, because of certain individuals whom I do not need to name using their moderating sword in an unweildly manner, perhaps it was too heavy for them!

Maybe it's the mood of the moment, but a happy querulous discussion is what I have seen for years on here and suddenly it is imploding in front of my eyes.

TonyW.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Sudynim » Sun Aug 05, 2012 4:49 pm

bytheseaside wrote:...once there was an incident where they destroyed some of my bushes which involved the police, I told the police officer I did not want the remains and so he ordered them to dispose of themselves which they did.

I don't think a Constable can give such an order.

On the general question I think that Despair & Medway Council have correctly stated the law.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Mattylad » Sun Aug 05, 2012 5:15 pm

FYI ALL the posts in this thread were NOT moderated by me - I have no idea what was said etc as I was in Scotland with no connection on those dates.

But go ahead accuse me of it - I'm used to being blamed for everything.

See what I mean - you take 2+2 and make 5 and 5 = Mattylads fault. :twisted:
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Anthony Westoby » Sun Aug 05, 2012 7:56 pm

Sudynim wrote:
bytheseaside wrote:...once there was an incident where they destroyed some of my bushes which involved the police, I told the police officer I did not want the remains and so he ordered them to dispose of themselves which they did.

I don't think a Constable can give such an order.

On the general question I think that Despair & Medway Council have correctly stated the law.


Sudynim,

Hope I'm not going off piste but the cops probably get a lot of enquiries of this sort, trouble is, they're like everyone else and need a few years on Garden Law to get it right.

I too got the wrong advice from them in 2000, now I know better, after being given this site, so I don't disbelieve this poster.

We're all very green at first, it takes years to write the terse 'expert' one liners of advice.

TonyW.
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Re: Neighbours, Overhang – and the Disposal of Cut-off Branc

Postby Sudynim » Thu Aug 09, 2012 12:00 am

Anthony Westoby wrote:Hope I'm not going off piste but the cops probably get a lot of enquiries of this sort, trouble is, they're like everyone else and need a few years on Garden Law to get it right.

I too got the wrong advice from them in 2000, now I know better, after being given this site, so I don't disbelieve this poster.


I wasn't suggesting that the OP was being dishonest, only that the Constable was asserting imaginary powers.
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