Neighbour's tree causing fence to bow

Re: Neighbour's tree causing fence to bow

Postby Collaborate » Wed Dec 28, 2016 10:24 pm

The cost of applying for an injunction, for legal fees, would be around £5,000 (assuming the case doesn't become protracted).

Literally only a fool would take to court someone whose tree merely overhangs the boundary, so it tends not to happen. Far cheaper to buy a good saw and a ladder.
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Re: Neighbour's tree causing fence to bow

Postby MacadamB53 » Wed Dec 28, 2016 10:45 pm

Hi Funknut,

The principle [a licence can be obtained] applies to anything which begins to intrude on the airspace of a neighbour.

for the benefit of the forum, would you share your source for this fact.

Kind regards, Mac
ps. cranes, scaffolding, temporary bridges/walkways are not natural features - they have been sited with intent (even if as a consequence of poor planning)
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Re: Neighbour's tree causing fence to bow

Postby arborlad » Thu Dec 29, 2016 8:28 am

arborlad wrote:
Funknut wrote:As an alternative to dirtying your hands with the tree, and assuming you are a freehold owner, you could inform the neighbouring owner that unless they deal with it you will start charging them for the tree over-sailing your land. You own the right to the airspace above your land.




A novel concept - but no more than that I'm afraid.




I can only repeat this and expand some, with millions of potential claims, this would have been a well trodden (and documented) path over the centuries.

For every overhanging branch I've been asked to remove, there's another I've been asked to retain, would there be a reciprocal arrangement for someone making unauthorised use of somebody elses property?

Why stop at the airspace, for every branch there's likely to be a root.............
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Re: Neighbour's tree causing fence to bow

Postby Funknut » Tue Jan 03, 2017 12:44 am

MacadamB53 wrote:Hi Funknut,

The principle [a licence can be obtained] applies to anything which begins to intrude on the airspace of a neighbour.

for the benefit of the forum, would you share your source for this fact.

Kind regards, Mac
ps. cranes, scaffolding, temporary bridges/walkways are not natural features - they have been sited with intent (even if as a consequence of poor planning)


Certainly, I'd be happy to (for the second time). Professional experience.

Cranes. Scaffold. Bridges. Walkways. Conveyor belts. Pipes. Elevators.

None of which, I absolutely concur, are natural features. You're missing the point. If the fact (irrespective of intent) is perceived from - or near - the outset, then it is possible to call out the offending party and require them to enter in to a licence...on the basis that the 'victim' can otherwise obtain an injunction requiring the offending party to desist. In my industry, a licence is nearly always sought to be entered in to. Work needs to be done. I only ever represent (not as a legal professional, but as a consultant whose realm of expertise touches upon this phenomena) the offending party. I will obtain, on its behalf, a licence at the cheapest possible price, so that it can forge on with its endeavours without fear of consequence. My clients regard this as a fait accompli; an insurance policy that must be bought at the cheapest possible price.
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Re: Neighbour's tree causing fence to bow

Postby Funknut » Tue Jan 03, 2017 12:48 am

arborlad wrote:[quote="arborlad]A novel concept - but no more than that I'm afraid.[/quote]



I can only repeat this and expand some, with millions of potential claims, this would have been a well trodden (and documented) path over the centuries.
[/quote][/quote][/quote]


As I'm sure you'll appreciate, monkeys aren't apt to avail themselves of any convoluted recourse (for a given matter) at their disposal. Especially if they don't know it exists.
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Re: Neighbour's tree causing fence to bow

Postby arborlad » Tue Jan 03, 2017 9:25 am

Funknut wrote:
Certainly, I'd be happy to (for the second time). Professional experience.

Cranes. Scaffold. Bridges. Walkways. Conveyor belts. Pipes. Elevators.

None of which, I absolutely concur, are natural features. You're missing the point.




I'm sorry, but it is you who are missing the point - the law which pertains to something that is built or constructed, either doesn't apply or doesn't exist for something that grows, like a tree, shrub or hedge.

There is no law that forbids a tree from growing under or over a neighbouring land, once it's there, the effected party has the common law right to remove it* - but there is no compulsion to do so - what the law doesn't forbid it has to allow.


*Subject to any statutory protection the tree may have.
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Re: Neighbour's tree causing fence to bow

Postby MacadamB53 » Tue Jan 03, 2017 11:27 am

Hi Funknut,

on the basis that the 'victim' can otherwise obtain an injunction requiring the offending party to desist

you have wrongly assumed the courts will injunct against a treeowner like they will a crane owner - they will not.

this is because, unlike the scenarios with which you have experience, the 'victim' of a tree has a lawful right to remove any tree growth from their property (subject to approval if it's protected by a TPO) and the 'offender' cannot claim against him unless the tree dies as a direct consequence.

Kind regards, Mac
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Re: Neighbour's tree causing fence to bow

Postby arborlad » Fri Jan 20, 2017 2:44 pm

Funknut wrote:
arborlad wrote:[quote="arborlad]A novel concept - but no more than that I'm afraid.[/quote]



I can only repeat this and expand some, with millions of potential claims, this would have been a well trodden (and documented) path over the centuries.
[/quote][/quote][/quote][/quote]

As I'm sure you'll appreciate, monkeys aren't apt to avail themselves of any convoluted recourse (for a given matter) at their disposal. Especially if they don't know it exists.[/quote]




It seems this member no longer exists - strange :?
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