Search found 709 matches

by TO
Tue Nov 13, 2018 5:53 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

To conclude. Nothing in this thread, or any other, is relevant until such times as it ends up in Court. At which point, as far as this thread is concerned, Mitten would be relevant, as it is the starting point for the neighbour. Thereafter, the judges will consider all the evidence including the unr...
by TO
Sun Nov 11, 2018 8:26 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Find me a case that has be decided based on that case and I may listen to All the ones where its been cited. When you go to Court you cite cases where the decision, the precedent, made may be helpful to you. The Judge will then consider it in the balance with all the evidence and come to their deci...
by TO
Sun Nov 11, 2018 7:31 am
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

There is of course another way to look at this. The legal systems of much of the world including the UK, Australia, Canada, New Zealand and the USA, all the solicitors, lawyers, attorneys, prosecutors, defenders, barristers, QC's, judges, Lord Justices, Professors of law, teachers, lecturers, author...
by TO
Sat Nov 10, 2018 6:35 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Please tell me how you both think you know all the basic stuff but do not know how it’s possible that a decision from a court nearly 400 hundred years ago may not 400 years longer be good law. What is good law, or come to that, bad law or middling law. The law is the law, even if you are in agreeme...
by TO
Sat Nov 10, 2018 6:23 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

I do know how precedents work. I have a law degree and over 25 years in practice as a solicitor to back me up. What qualifies you to think you know better? 10 minutes reading a couple of posts on a website. Don't you know that this provides you with as much knowledge as any law degree or experience...
by TO
Fri Nov 09, 2018 4:54 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Clearly I had nothing better to do this afternoon so I had a little look on t'internet for cases referencing Mitten v Faudrye. Well its like a rash all over the legal system of not only this country, but of the world. Well maybe not the whole world, but the civilised world, the world of our colonial...
by TO
Fri Nov 09, 2018 9:26 am
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

...you cant compare [Clerk and Lindsell] as one is a reference book on the law used by the judiciary , the courts and universities the other one is not. .Factually incorrect. They are both reference books on the law, both are used in the Courts and therefore the judiciary, and both will be availabl...
by TO
Thu Nov 08, 2018 9:05 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Just in case someone questions the information in Clerk & Lindsell on Torts vs that in Charles mynor :The Law of Trees, Forests and Hedges, Sweet and Maxwell the leading publishers of legal publication in the UK say Clerk & Lindsell on Torts, part of our Common Law Library series, is one of our fla...
by TO
Thu Nov 08, 2018 2:29 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Forget about Charles Mynor ,for a start his book is old and its also an opinion of someone trying to sell a book and has not been peer reviewed to the standard required for it to be deemed an authority on common law . The actual leading authority on torts (common law) which has been peer reviewed t...
by TO
Thu Nov 08, 2018 7:43 am
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

ukmicky wrote:
Thu Nov 08, 2018 1:37 am
You would not be in anyway way legally responsible for any harm that came to him if he hurt himself climbing over your fence .
ukmicky wrote:
Thu Nov 08, 2018 1:37 am
Advice given is not legally qualified and you are advised to gain a professional opinion
IdefixUK wrote:
Thu Nov 08, 2018 6:38 am
Occupiers' Liability Act 1984.
And the 1957 Act
by TO
Wed Nov 07, 2018 6:36 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

As you've read it TO, what does it say specifically about the cases when: a) The tree is not in a hedge (i.e. not as in the 17th C judgement) b) The fruit owner deliberately or negligently deposits his fruit on the neighbour's land? Useful to know that you think Mynors is reasonably priced. In answ...
by TO
Tue Nov 06, 2018 4:32 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

Morgan Sweet wrote:
Sun Nov 04, 2018 8:00 am
The Law of Trees, Forests and Hedges by Dr. Charles Mynors may clarify the issue; pity it is a tad expensive!
It does, but you won't find it helpful. I've set out how it is, it says just the same in the book, both editions. And its very reasonably priced.
by TO
Sat Nov 03, 2018 4:27 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

" If a tree grow in an hedge, and the fruit fall into another man's land, the owner may fetch it in the other man's land ". One question that I don't think has been raised is the significance of the tree growing in a hedge (presumably a hedge that marks a boundary). In what way did that have a bear...
by TO
Sat Nov 03, 2018 10:12 am
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

There's a nuance to this, TO. In my understanding of the situation, the fruit has already fallen on the owner's ground. He then collects them and sets them up on top of the boundary fence for whatever reasons of his own. Some of those fruit then fall off the fence into the OP's garden. Those are th...
by TO
Fri Nov 02, 2018 8:21 pm
Forum: Trees
Topic: Fallen leaves and fruit
Replies: 147
Views: 3974

Re: Fallen leaves and fruit

The fruit/tree owner can, at their convenience, and as often as they like, enter onto the neighbours property to get their fruit. However, in doing so they must not cause damage, or take longer than necessary. Are you sure that this is the case? Yes. Perhaps there is another act/law regarding fruit...