Did he have the right?

Re: Did he have the right?

Postby tarren » Wed May 13, 2015 5:40 am

Having dealt with the removal of the tree, who would be responsible in law, the neighbour or his gardener?
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Re: Did he have the right?

Postby arsie » Wed May 13, 2015 3:43 pm

The neighbour.
Even if he says the gardener did not follow instructions, the gardener was his contracted agent.
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Re: Did he have the right?

Postby tarren » Thu May 14, 2015 5:29 am

Even if he says the gardener did not follow instructions, the gardener was his contracted agent I wouldn't consider going down the legal route, I was interested to learn just what the position was, thank you for your reply, appreciated.
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Re: Did he have the right?

Postby MacadamB53 » Thu May 14, 2015 8:39 am

Hi tarren,
arsie wrote:The neighbour.
Even if he says the gardener did not follow instructions, the gardener was his contracted agent.
the alleged offence is 'criminal damage' and it would be for the CPS to decide who will be prosecuted following a police investigation.

Kind regards, Mac
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Re: Did he have the right?

Postby arsie » Wed May 20, 2015 9:51 am

MacadamB53 wrote:Hi tarren,
arsie wrote:The neighbour.
Even if he says the gardener did not follow instructions, the gardener was his contracted agent.
the alleged offence is 'criminal damage' and it would be for the CPS to decide who will be prosecuted following a police investigation.

Kind regards, Mac

If, as I surmise, the gardener acted as directed by the neighbour that would be a 'no brainer' :roll:

arsie wrote:Most gardeners know the law on overhanging perfectly well. It would be a very gung ho gardener indeed who carried out work like this without asking for permission from the client what he/she wanted - and would probably have advising them of the law. Of course, the neighbour could have fibbed about the exact location of the boundary, in which case cutting back to the main trunk as we see might not have seemed a problem to the gardener.
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Re: Did he have the right?

Postby tarren » Wed May 20, 2015 12:36 pm

My neighbour acknowledges his gardener reduced my tree, but did it because he, the gardener, was maintaining the hedge, although he did admit the new plantings will get more sunshine. He promised no more cutting beyond the boundary fence, we shook hands and parted on amicable terms. Thank you all again for your contributions. Now where can I get my hands on a trio of 15' leylandii? :lol:
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Re: Did he have the right?

Postby arsie » Thu May 21, 2015 11:21 am

Gardener 'reduced tree as part of maintaining the hedge' ? Come on ... :roll:
Good that it's ended amicably but like I said he's got what he wanted. Game set and match.
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Re: Did he have the right?

Postby tarren » Thu May 21, 2015 1:41 pm

Good that it's ended amicably but like I said he's got what he wanted. Game set and match. I know, but two strikes and it will be a different outcome, but in the meantime it's just a matter of gritting my teeth, neighbours, don't ya just luv 'em.
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Re: Did he have the right?

Postby Roblewis » Thu May 21, 2015 5:40 pm

Leylandii and other evergreen trees and shrubs always lay you open to high hedge complaints - this site has some good options http://thebamboocompany.co.uk/collections/tall-bamboo and they are evergreen grasses even at 6metre tall :D
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Re: Did he have the right?

Postby tarren » Fri May 22, 2015 5:33 am

Leylandii and other evergreen trees and shrubs always lay you open to high hedge complaints. Was only joking about the leylandii, I'm not too bothered about replacing the tree, but interesting info about the bamboos, thank you.
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