Good horticultural practice and rights to cut overhang

Good horticultural practice and rights to cut overhang

Postby RoseRodent » Fri Sep 05, 2014 9:32 am

Is there a legal "winner" between the two requirements if cutting everything which overhangs your property couldn't realistically be described as being within good horticultural practice? I presume it would be up to the tree owner (mystery, whole other thread!) to go to the trouble of commissioning expert reports to demonstrate it's not good horticultural practice, but whoever they are, they are likely to have the resources to do that. :( The tree is right up against my property boundary, and the way the land is cut as a little notch (for the express purpose of putting the tree here) it actually overhangs my property from 10cm from the trunk through over 270 degrees of the circle. I can't much rate it's chances of survival (GOOD! :twisted: But legallly icky because of this horticultural practice requirement) after that kind of work, and if it does survive it will probably lean and will definitely be ugly! So which right wins out? The tree's right to survive or my right for it not to overhang? There is no middle ground, in order to meet good practice it will have to leave some overhang.
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Re: Good horticultural practice and rights to cut overhang

Postby MacadamB53 » Fri Sep 05, 2014 9:49 am

Hi Rose,

legallly icky because of this horticultural practice requirement

what legal requirement are you referring to?

Kind regards, Mac
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Re: Good horticultural practice and rights to cut overhang

Postby RoseRodent » Fri Sep 05, 2014 10:43 am

Treeman wrote:
arborlad wrote:
RoseRodent wrote:if nothing happens in 10 days I will cut anything overhanging my property - which is a whole other question so I think it's easier to start a new thread on it than muddy the waters here.



Probably best not to, with all the relevant background and history already in this thread.



But you did it anyway


Yeah, because time flows forwards... this thread was here before the advice not to proceed (thread posted 9.32, your response 10.07). It takes a while to learn which boards prefer what set-up and where the rules on "off-topic" posting diverge. I would think of this as off topic because it is about the general right to cut a tree, regardless of its ownership, the other thread is about ownership. More people can answer and benefit from answers in this general sense than apply to the single boundary issue. Sorry if it's not the way it's done here, but it's done. If a mod wants to tack it back together again that's fine. I can't respond to advice that comes afterwards, though!
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Re: Good horticultural practice and rights to cut overhang

Postby MacadamB53 » Fri Sep 05, 2014 10:55 am

do as you wish Rose you've broken no rules - arborlad was merely expressing his opinion.
(not too sure what Treeman was doing though...)
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Re: Good horticultural practice and rights to cut overhang

Postby jdfi » Sat Sep 06, 2014 5:52 am

Have it cut down on a weekend - that way there's no chance of anyone from the council appearing.

My own council doesn't even have a team to deal with emergency roadworks over a weekend - a tree would definitely wait til Monday.
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Re: Good horticultural practice and rights to cut overhang

Postby Treeman » Sat Sep 06, 2014 6:04 am

MacadamB53 wrote:do as you wish Rose you've broken no rules - arborlad was merely expressing his opinion.
(not too sure what Treeman was doing though...)



Well I suppose from your point of view another thread to comment on is perfect.

Others may have a different opinion. Better to keep it all in one place, context and all that....
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Re: Good horticultural practice and rights to cut overhang

Postby MacadamB53 » Sat Sep 06, 2014 9:14 am

Treeman wrote:
MacadamB53 wrote:do as you wish Rose you've broken no rules - arborlad was merely expressing his opinion.
(not too sure what Treeman was doing though...)

Well I suppose from your point of view another thread to comment on is perfect.

Hi Treeman,

what an infantile comment to make - if I really was posting for postings sake it would be me filling up threads with banal and utterly pointless comments like "But you did it anyway".

please don't assume my opinion differs from yours and arborlad's on an OP keeping related postings to the one thread.
however, an OP is entitled to start as many separate threads as they desire and it is not my place to share my opinion on the merits of not doing this.

Kind regards, Mac
PS any chance you could lend you knowledge and expertise to the purpose of the thread?
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Re: Good horticultural practice and rights to cut overhang

Postby arsie » Sat Sep 06, 2014 10:39 am

Hi Roserodent

If the tree is blighting your life personally I would cut the overhang and be damned the consequences PROVIDING the tree is not subject to a tree preservation order (TPO). There is a small risk that someone will object and take you to court - at some risk and cost - for damage if the tree dies as a result. If the tree is not blighting your life then what is the problem.

If there is a TPO on the tree - you should check this before doing anything, at your local council - I would not cut back the overhang without first taking their advice and agreeing your actions (or inaction) under the terms of TPOs.
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Re: Good horticultural practice and rights to cut overhang

Postby arsie » Sat Sep 06, 2014 12:02 pm

p.s.
The tree is causing hay fever I think you said, so yes it is blighting your life (assuming you can prove cause and effect)
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