Search found 806 matches

by obscured by clouds
Fri Sep 04, 2009 11:59 am
Forum: Trees
Topic: Grave digging at base of tree
Replies: 4
Views: 999

I've had a similar request quite recently and decided that since the cemetary was'nt used that frequently, a burial once in a while under the edge of the crown was ok, but only on a case by case basis, and no closer than a certain distance

Not desirable, but sometimes necessary
by obscured by clouds
Tue Aug 18, 2009 12:23 pm
Forum: Trees
Topic: Allegedly shared tree
Replies: 2
Views: 846

Despair is 'sort of ' right. Shared boundaries and who owns what are a nightmare. Lemon vs Webb initiated the idea of ownership in common - since reinforced by other cases - that a tree planted on the boundary ie the boundary line bisects the trunk at ground level reasonably equally then both sides ...
by obscured by clouds
Tue Aug 18, 2009 12:07 pm
Forum: Trees
Topic: Tree with TPO and dying (TPO still valid?)
Replies: 16
Views: 3660

the purpose of a TPO is to preserve amenity. It would be inappropriate to use a TPO for any other purpose. Yes.. but amenity can be stretched quite a way. :lol: and it's not quite as clear cut as that any more... local UDP Planning policies can also use 'other reasons' - historical significance for...
by obscured by clouds
Thu Aug 06, 2009 2:03 pm
Forum: Hedges
Topic: overhanging branches from council side
Replies: 3
Views: 1598

I suggest there is two parts to this 1. encroaching growth can be cut back to the boundary and the arisings offered back. 2. if the growth is pushing against your fence and causing damage then this is an actionable nuisance and they should rectify that immediately. You can argue about whether the da...
by obscured by clouds
Thu Aug 06, 2009 1:57 pm
Forum: Boundaries
Topic: Help needed with police officer neighbour!!
Replies: 23
Views: 3175

lets get back to the OP. regardless on the rights or wrongs of cutting a tree I note the following: the OP has been in the property for 15 years nand in that time the boundary was deemed to be where she says it was - and presumably everyone previously accepted that the new people deem it to be 12" [...
by obscured by clouds
Mon Aug 03, 2009 1:26 pm
Forum: Rights of Way
Topic: path ROW need help urgent
Replies: 16
Views: 3132

You need to get to a solicitor , pronto, and if neccessary seek an injunction on him doing any more until such time he can show he has the legal right to do what he is doing.
by obscured by clouds
Mon Aug 03, 2009 12:10 pm
Forum: Trees
Topic: Do I really have to pay...
Replies: 18
Views: 4599

Don't forget to add the caveat to that ....'excepting where statutory protection [tpo, conservation area, or grade 1or 2 listing] exists.......'
by obscured by clouds
Mon Jul 27, 2009 12:49 pm
Forum: Trees
Topic: overhanging lime tree
Replies: 15
Views: 3780

Brewster you are missing my point. The tree may be causing you concern, and the Law on this may be an ass, but it's what it is and no amount of carping will change the situation as it stands. so you have to work round the problem preferably without breaking the law. as I stated doing all that work t...
by obscured by clouds
Fri Jul 24, 2009 12:21 pm
Forum: Trees
Topic: overhanging lime tree
Replies: 15
Views: 3780

If seeds and leaves [and presuambly everything else] that drops into your garden is the only problem then I don't see how trimming back to the boundary will negate it. The rest of the tree will still produce seeds, leaves [and the everything else] which will continue to find their way into your gard...
by obscured by clouds
Wed Jul 15, 2009 12:39 pm
Forum: Trees
Topic: Letter from neighbour
Replies: 53
Views: 7236

As the author of Treeman's PM quote, I would like to back up everything he has stated on this thread [well, nearly all :lol: ] Much of the threads - indeed most, refer to Trees as an object of LAW, be it common or statute. Those of us who's professions deal with the impartial application of that law...
by obscured by clouds
Fri Jul 10, 2009 11:58 am
Forum: Trees
Topic: common law
Replies: 4
Views: 1506

What treeman says is correct but...... a Conservation Area designation or Tree Preservation Order will over-ride that common law right / obligation, apart from instances where it can be shown [in a court of law if neccessary] that an actionable nuisance was occuring - which opens a whole can of worm...
by obscured by clouds
Mon May 18, 2009 12:22 pm
Forum: Trees
Topic: Law change?
Replies: 15
Views: 3143

Hmmmn The first thing that jumps out is that British standards do not make law so either they don’t understand the process or they are adding to the “generalisations” of the flyer. Anyone who expects the BSI to get a standard out on a scheduled date is over optimistic to say the least. especially w...
by obscured by clouds
Mon May 18, 2009 12:15 pm
Forum: Trees
Topic: Protection for old oaks on farmland ?
Replies: 10
Views: 1796

It does seem wrong that these really ancient trees have no protection. I thought modern farmers were supposed to be into that sort of thing. Farmers quite frankly have been the source of countryside decimation for generations. If there was the same kind of protection as the TPO system however then ...
by obscured by clouds
Fri May 08, 2009 12:17 pm
Forum: Trees
Topic: TPO. Birds. censored. Neighbours. Violence.
Replies: 41
Views: 12633

Turn thing around a bit - is it a tree problem or a bird fouling problem? if the latter then look at ways of dissuading the birds from perching on the branches over your property - or at least where the car is. The easiest answer is to move the target elswhere; but this may not be possible or practi...
by obscured by clouds
Tue May 05, 2009 12:19 pm
Forum: Trees
Topic: Cedar screen cut down
Replies: 5
Views: 1333

You could have asked for a TPO. The council are obliged to consider placing one, but may decide not to [at officer level]. This tends to happen where there is no tree officer or if there is they are'nt in close contact with the planning officers. Usually [in my experience anyway] if the LPA know tha...