Search found 489 matches

by Alan Harris
Sat Dec 02, 2017 11:43 am
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

The fact is that lawyers are much more expensive than the cost of removing branches from trees. Councils cannot treat tree owners as badly as NFH. The most expensive dispute which I was involved in cost the client over £100,000 in fees and his neighbour found a way of neutralizing the Judge's award!
by Alan Harris
Fri Dec 01, 2017 12:42 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Yes they must offer the branches and you can refuse.

In practical terms you could take your neighbour to court but the law is not too clear and different judges take different views. They are also unpredictable. I suggest that you pay to get rid of the arisings - a lot less heartache.
by Alan Harris
Sat Nov 21, 2015 12:37 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear Mac What is the "title" which you need to maintain? Contributors to this site only offer advice on matters which they have experience of. We are not paid by the "assisted" contributor and our advice can only be taken on merit by the reader. It seems to me that the expert contributors job is to ...
by Alan Harris
Thu Nov 19, 2015 5:13 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear Arborlad When disputes over boundaries have history the cutting of a neighbour's hedge without offer of return may be a contempt of court! The serious cases almost always have history. It is both courteous and right to behave properly towards neighbours without trying to get round the rules by ...
by Alan Harris
Thu Nov 19, 2015 12:55 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear All The returm or not of hedge trimmings is usually a part of a long running dispute about boundaries. The cutter of the hedge does so knowingly and has to decide what to do with the cuttings. If there is an intention not to return the cuttings (or to not consult the neighbouring hedge owner ab...
by Alan Harris
Wed Nov 18, 2015 8:31 pm
Forum: Hedges
Topic: HELP -LA are threatening ASBO following complaint
Replies: 26
Views: 7476

Re: HELP -LA are threatening ASBO following complaint

Dear Despair Sorry but the rules have changed. The British Standard on tree work is effectively superceded in that the High Hedges act requires the reduction of a tree within a hedge that would override any normal protection to the tree. The "Hortlink" project by BRE investigated pruning in 2006 and...
by Alan Harris
Tue Nov 17, 2015 10:57 pm
Forum: Hedges
Topic: HELP -LA are threatening ASBO following complaint
Replies: 26
Views: 7476

Re: HELP -LA are threatening ASBO following complaint

Dear John The LA planning permission pre-dated the high hedges legislation so could not take into account legislation which may be passed in the future. The purpose of the high hedges act was to prevent one neighbour from imposing conditions on the garden of another. The planning authority were cons...
by Alan Harris
Tue Jan 13, 2015 10:31 am
Forum: Trees
Topic: Tree down in neighbour's garden
Replies: 15
Views: 3893

Re: Tree down in neighbour's garden

Dear All The link to Stagecoach v Hind is very interesting. It appears that owners who have a good understanding of trees can carry out regular inspections of their trees without using a professional unless there are clear signs of distress in the trees. An owner with a poor or average understanding...
by Alan Harris
Sun Jan 11, 2015 11:44 am
Forum: Trees
Topic: Tree down in neighbour's garden
Replies: 15
Views: 3893

Re: Tree down in neighbour's garden

Hello again I agree with your points generally but my main intention is to point out that the mystical failure of trees is becoming less mystical because of new techniques which are available for determining whether or not trees are unstable (or likely to cause subsidence or heave). We used to blame...
by Alan Harris
Sat Jan 10, 2015 10:54 pm
Forum: Trees
Topic: Tree down in neighbour's garden
Replies: 15
Views: 3893

Re: Tree down in neighbour's garden

Dear All It is not true that a tree owner is absolved by an act of nature. The owner of a tree has a duty of care to his neighbours and will be expected to take reasonable measures to look after their trees if they pose a threat to neighbours. If a tree is in obvious poor condition the owner has a d...
by Alan Harris
Sat Jan 10, 2015 1:25 pm
Forum: Walls
Topic: Restrictive Covenant - Garden Wall
Replies: 12
Views: 13874

Re: Restrictive Covenant - Garden Wall

Dear All Rights of way are easements with duties to allow persons and or vehicles to pass or repass land which they do not own. The easement or other rights of third parties are are set out on the freehold deed or in a lease held by an occupier/leasholder associated with the property. So if the ROW ...
by Alan Harris
Thu Nov 27, 2014 11:00 am
Forum: Fences
Topic: Fencing and other positive covenants
Replies: 35
Views: 93246

Re: Fencing and other positive covenants

Dear Alex Not enough information has been provided. It may not be as simple as Despair's comments suggest. It may depend upon the deeds and the timing of the level difference. Check whether the deeds or title plan have T marks or clauses which define ownership of the boudary (and the duty to erect a...
by Alan Harris
Mon Sep 30, 2013 10:24 am
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear Conveyancer Your comments are on the face of it perfectly reasonable but the point I make is that in a world of decreasing available land space there is a need to consider more carefully the trouble which one neighbour can cause another by cultivating but not properly maintaining trees in their...
by Alan Harris
Thu Sep 26, 2013 10:31 am
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear ukmicky Thank you for that. The judgement from Lindley LJ in Lemmon v Webb affirms that encroachment of branches is not a trespass, but that it is a nuisance which the affected neighbour is entitled to abate if the tree owner fails to adequately prune/maintain the tree. He confirmed that as any...
by Alan Harris
Wed Sep 25, 2013 3:22 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 135
Views: 41148

Re: Returning/not returning trimmings to neighbour

Dear ukmicky

You assert that branches do not constitute a legal tresspass and differ from the case of a crane or any other overhang. How do you arrive at this conclusion. Please refer me to any case where the judgement supports your conjecture.

best regards



Alan Harris