Arisings - Branches Falling over onto neighbours garden

Re: Arisings - Branches Falling over onto neighbours garden

Postby Mattylad » Sat Aug 06, 2011 12:05 am

Branches or twigs?

To be able to throw them they must have been small.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Treeman » Sat Aug 06, 2011 7:39 am

despair wrote:Totally Agree

I suspect Twits neighbours are the sort of folk for whom a speck of dust in the house is a terrible thing

and a branch falling in the garden a total travesty in their eyes
but their reaction to it and their throwing of branches at Twits risking life and limb is totally and utterly out of order


Polarised and judgemental as ever, nothing if not consistent.

I think twits is an idiot who misunderstood something they read something on the net and tried to use that to punish their neighbour in a “tit for tat” battle.

They must have looked pretty stupid yelling “Noooo,….. we don’t what them back” as the branches whistled back over the fence. I would have bought a ticket to watch that.

You only have TWITS version of the events and given their “misunderstanding” of the law I am prepared to give the other party the benefit of the doubt but if the branches were aimed you deserved it.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby mr sheen » Sat Aug 06, 2011 8:51 am

[quote="Conveyancer
But not as reckless as someone throwing branches at untrained amateurs wielding chainsaws whilst balancing on ladders.[/quote]

If this was the case, it proves that the cutting of branches was indeed carried out whilst people were present in the garden below - contrary to the story we are led to believe.

Luckily the police recognised that the Twits were in the wrong - no notice to neighbours, cutting off branches in an uncontrolled manner such that they could cause damage and injury as demonstrated by the fact that they fell onto neighbouring land and to top it off they insist the neighbours keep the branches that came from the Twits tree and if that isn't the pinnacle the Twits call the police on the neighbour! - how to cause a neighbour dispute
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Conveyancer » Sat Aug 06, 2011 10:41 am

So let's imagine a different scenario:

I employed an experienced tree surgeon to carry out some work to a tree in my garden. Using his skill, he cut off several branches that overhung the fence without anything other than a few very small twigs falling into the neighbour's garden, which was unoccupied. Unfortunately, when it came to the last branch it slipped out of his control and fell into the neighbouring garden. My neighbour, who had been watching proceedings through his french window, rushed out in a rage, picked up a piece of tree that had broken off and threw it at the tree surgeon, blinding him in one eye. The police are refusing to prosecute on the grounds that the tree surgeon should not have allowed the branch to fall into the neighbour's garden.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby despair » Sat Aug 06, 2011 10:57 am

funny this about ensuring branches do not fall on the neighbours side
because on "Cutting hedge neighbours on holiday thread"

when I said "Good tree surgeons ensure nothing falls on neighbours side or will come back and clear up later "


Arborlad says its nonsense

and sorry treeman but i do know exactly the kind of neighbour who considers its fine to vicously throw cut branches from their own trees onto my land and if even a single leaf of mine dares to trespass their side thats thrown back too
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Re: Arisings - Branches Falling over onto neighbours garden

Postby arborlad » Sat Aug 06, 2011 11:23 am

despair wrote:funny this about ensuring branches do not fall on the neighbours side
because on "Cutting hedge neighbours on holiday thread"

when I said "Good tree surgeons ensure nothing falls on neighbours side or will come back and clear up later "


Arborlad says its nonsense

and sorry treeman but i do know exactly the kind of neighbour who considers its fine to vicously throw cut branches from their own trees onto my land and if even a single leaf of mine dares to trespass their side thats thrown back too


The correct version: viewtopic.php?f=7&t=16145
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Re: Arisings - Branches Falling over onto neighbours garden

Postby mr sheen » Sat Aug 06, 2011 1:58 pm

Conveyancer wrote:So let's imagine a different scenario:

I employed an experienced tree surgeon to carry out some work to a tree in my garden. Using his skill, he cut off several branches that overhung the fence without anything other than a few very small twigs falling into the neighbour's garden, which was unoccupied. Unfortunately, when it came to the last branch it slipped out of his control and fell into the neighbouring garden. My neighbour, who had been watching proceedings through his french window, rushed out in a rage, picked up a piece of tree that had broken off and threw it at the tree surgeon, blinding him in one eye. The police are refusing to prosecute on the grounds that the tree surgeon should not have allowed the branch to fall into the neighbour's garden.


We could consider 100's of different scenarios... however in THIS case the Twits were not injured by the 'branches' (not twigs that fell into the neighbour's garden) which is evidence in itself that the branches were not thrown at them - so how is the above like this?
In addition...
A reputable tree surgeon would have had to carry out a risk assessment and drawn up a method statement (RAMS) thus ensuring that the scenraio we ARE considering would not have arisen. The risk assessment would have identified the potential for damage to neighbouring property/ passersby etc and the method statement would have identified what action was to be taken to prevent such damage or injury to others and protect neighbouring property and passersby/ neighbours; Actions taken as part of the RAMS would include, for example, 1. warn the immediate neighbours, 2. Warning signs on footpaths/roads etc 3. Systems to ensure arisings do not go onto neighbouring property 4. Set up a system (which would be specified) to catch arisings.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Conveyancer » Sat Aug 06, 2011 2:30 pm

I do not seem to be getting anywhere here. The suggestion seems to be that it is all right to throw things at people so long as you miss.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Treeman » Sat Aug 06, 2011 4:06 pm

despair wrote:and sorry treeman but i do know exactly the kind of neighbour who considers its fine to vicously throw cut branches from their own trees onto my land and if even a single leaf of mine dares to trespass their side thats thrown back too



No need to apologise in this instance although you do come out with some stuff that would warrant one rather than just changing the subject.

I didn’t challenge what you know or claim to know

I said you were judgemental about someone you have never met, based on a few lines of text from someone else you have never met but who clearly has an axe to grind about the first person.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Treeman » Sat Aug 06, 2011 4:16 pm

Conveyancer wrote:So let's imagine a different scenario:

I employed an experienced tree surgeon to carry out some work to a tree in my garden. Using his skill, he cut off several branches that overhung the fence without anything other than a few very small twigs falling into the neighbour's garden, which was unoccupied. Unfortunately, when it came to the last branch it slipped out of his control and fell into the neighbouring garden. My neighbour, who had been watching proceedings through his french window, rushed out in a rage, picked up a piece of tree that had broken off and threw it at the tree surgeon, blinding him in one eye. The police are refusing to prosecute on the grounds that the tree surgeon should not have allowed the branch to fall into the neighbour's garden.


Well I am not disputing the legal principal involved but that would need to be a hell of a throw.

Your contractor would (should) be wearing eye protection complying with either BS EN 1731 or BS EN 166.

That’s a mesh visor and or impact resistant safety glasses.

Now if you could get enough kinetic energy into your throw to penetrate either of these, your eye would be the least of your problems because the branch would have taken your head off.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby twits » Sat Aug 06, 2011 5:20 pm

mr sheen wrote:If this was the case, it proves that the cutting of branches was indeed carried out whilst people were present in the garden below - contrary to the story we are led to believe.


A total of 3 sets of hedges were cut on the day and we were just starting on the rear hedge, people were not present in the gardens we were cutting at the time. The neighbour in question came to the back of the garden to throw the branches. They could have chose to walk the same distance to their green waste wheelie bin to dispose of it or even drop them over the fence where nobody was.

Conveyancer wrote:The suggestion seems to be that it is all right to throw things at people so long as you miss.

This is exactly what its about. The police have told me its fine for people to throw things over the fence at you. Wiki give a clear definition of assault with the example of throwing a rock at somebody, change the scenario of a rock to a branch and you have my case in question. At the point of the second branch coming towards us, we were placed in apprehension of the contact from the branch. A few people here are saying because the property belongs to you and you allowed it to go on their property, it can be thrown at you.

Treeman wrote:if the branches were aimed you deserved it.

Unlike Treeman who thinks people deserve to have objects thrown at them, we disagree. However much you dislike a person, nobody deserves to have objects thrown at them even neighbours like ours. If it was a 'tit-for-tat' battle treeman, the branches would have been thrown and aimed straight back at them. Instead we asked them to stop, which was a perfectly reasonable request.

After asking my questions, I indeed had a misunderstanding with the right of refusal for arisings. This was very kindly cleared up by despair. If the arisings were cut by your neighbour you are entitled to refuse them but it is a different story if they have been cut by yourself. I am still not sure if we are not allowed to refuse them or just that we should be allowed to go and tidy them up from their side. Unfortunately the chances of our neighbour allowing us onto their property is nil, so that option is out of the window.

Treeman wrote:given their “misunderstanding” of the law

What bit of law am I misunderstanding Treeman? The right of refusing arisings, assault or both? If you're unsure of what assault is, nice little write up on wiki if you have a misunderstanding of the law. Maybe you can link the section of law that you think I don't understand and you seem to have a clear correct view on it, unlike myself.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby despair » Sat Aug 06, 2011 6:25 pm

" the chances of us being allowed to clear up is NIL so that option is out of the window"

exactly sums up the kind of neighbour both Twits and I endure

Its OK for them to chuck their own tree cuttings for twits or i to clear up but dare a leaf fall their side and all hell lets loose

hence why i simply return my neighbours flytipping in a suitable place and considerate manner
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Re: Arisings - Branches Falling over onto neighbours garden

Postby arborlad » Sat Aug 06, 2011 6:37 pm

despair wrote:" the chances of us being allowed to clear up is NIL so that option is out of the window"


The correct version:

twits wrote:Unfortunately the chances of our neighbour allowing us onto their property is nil, so that option is out of the window.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Mattylad » Sat Aug 06, 2011 7:19 pm

Its gone from tree branches to hedge branches.

I'd be really scared at hedge branches - well I mean - they can kill they are that big :D

Twits, I think you just need to get over it and get on with your life - your hedges are cut.

Surely there is something else you can be doing instead of fretting about this.
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Re: Arisings - Branches Falling over onto neighbours garden

Postby Treeman » Sat Aug 06, 2011 7:31 pm

twits wrote:
Treeman wrote:if the branches were aimed you deserved it.

Unlike Treeman who thinks people deserve to have objects thrown at them, ........................


Nope, there you go again “misunderstanding” things. I didn’t say people I said YOU
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