Gardenlaw FAQ’s

Gardenlaw FAQ’s

Postby Treeman » Sat Feb 26, 2005 12:04 am

These are some of the “Frequently asked Questions” on the Gardenlaw forum.

Read thorough them and if you don’t find your question answered ask away.


Ownership
Generally speaking the person who owns the land that a tree is growing on also owns the tree.
If the tree grows straddling a boundary then ownership is considered to be joint.
Arisings from pruning overhang belong to the owner of the tree however if they decline them you may dispose of them in any way you see fit.

Responsibilities
The person who owns the tree owes a duty of care to others. This means that they are obliged to deal appropriately with any foreseeable situation with the tree.

Overhanging Branches
Overhanging branches constitute a nuisance but unless they are causing damage it is not an actionable one. You can cut off branches at the point where they cross the boundary but you may not trespass in order to do the works. (See Statutory Protection before acting)

Roots
The same applies for roots as for overhanging branches, however if your actions destabilise the tree you can be held responsible for your actions.

Leaves
Leaves falling from a tree are held to be a natural occurrence and no responsibility attributes itself to the owner.

Aphids (Honeydew)
The same applies to honeydew as for leaves.

Shade and View
There is no effective right to light of a view in English law. The prescriptions act does afford a right to light however it is severely limited and using it in relation to trees is problematic.

Problem Hedges
There are laws regarding problem hedges. See www.hedgeline.co.uk for more.

Statutory protection
Trees can enjoy statutory protection either as a Tree Preservation Order (TPO) or by being in a Conservation Area. (CA)
TPO A tree preservation order applies to a tree or group of trees and effectively injuncts your common law right to prune or fell the tree. A TPO is not a bar to sustainable pruning or felling where justified and consent can be granted on application
C.A. Conservation areas require 6 weeks written notice before working on trees. The Local Authority (LA) can either allow the works as described or make a TPO in respect of the trees.
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Postby xoggoth » Thu Jun 16, 2005 4:38 pm

Useful but couple of suggestions treeman. Some may exactly what not actionable means. Needs to be clearer there is no obligation usually to pay for removing overhang. Also about offering what to do with cut branches back treeman. Some seem to think they have a right to cut branches off and chuck them back over flower beds.
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Postby nigelrb » Fri Jun 17, 2005 9:42 pm

hi Treeman,

I believe that will help. Perhaps I'll rustle up something in the same format related to fences. In your first para. referring to 'Ownership, where you say,
Arisings from pruning overhang belong to the owner of the tree however if they decline them you may dispose of them in any way you see fit.

perhaps someone may take that too literally and dispose of them 'over the fence. Without seeming too pedantic, and to assist yur editing process, 'dispose of them in any legal way etc., may be better info.

Cheers, Nigel
Life is never what it seems; there is always two sides to every story.
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Postby ANGRY » Thu Jun 23, 2005 7:45 pm

Ownership
Generally speaking the person who owns the land that a tree is growing on also owns the tree.
If the tree grows straddling a boundary then ownership is considered to be joint.


Sorry, Treeman but I have been informed differently, if you own boundary and the tree is half way, or over, you own the tree, please have a look at my post, BOUNDARY/TREE/FENCE QUESTION?

Regards as always ANGRY
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Postby Alan Harris » Wed Jul 26, 2006 9:13 pm

Dear Angry

It seems to me that the tree owns the land. Neither can remove the tree without agreement from the other because that would involve criminal damage. Neither could terminally damage the tree without the other's agreement? Responsibility for it must be shared, mustn't it.

Sincerely

Alan
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby subjecttocontract » Wed Jul 26, 2006 10:06 pm

Arisings from pruning overhang belong to the owner of the tree however if they decline them you may dispose of them in any way you see fit.

'Any way you see fit' ... does NOT include depositing them on the tree owners property.
Almost everything I say is tinged with irony !
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Postby Treeman » Thu Jul 27, 2006 12:12 am

ANGRY wrote:
Ownership
Generally speaking the person who owns the land that a tree is growing on also owns the tree.
If the tree grows straddling a boundary then ownership is considered to be joint.


Sorry, Treeman but I have been informed differently, if you own boundary and the tree is half way, or over, you own the tree, please have a look at my post, BOUNDARY/TREE/FENCE QUESTION?

Regards as always ANGRY

The problem there lies in accurately establishing the boundary. If you can do that to an accuracy of a couple of centimetres then you can establish weather A’s tree is trespassing upon B. Unfortunately it is seldom possible to establish the boundary with that degree of accuracy.

Treeman
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