Fallen leaves and fruit

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Tue Nov 06, 2018 4:15 pm

despair wrote:
Tue Nov 06, 2018 12:56 am
...and he is the mouthpiece
I'd say he is just the opposite (anatomically speaking).
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Tue Nov 06, 2018 4:17 pm

MacadamB53 wrote:
Tue Nov 06, 2018 9:32 am
Hi thin and crispy,

With regard to the net, I'm arranging something else for his fruit to fall on/in - it's perfectly legitimate, but my neighbour won't like it one bit.

why not a net? what are you hoping to achieve with your unspecified but “perfectly legitimate” alternative that a net couldn’t?

confused regards, Mac
Two things, Mac:
1. A tidier alternative in my garden.
2. Deterrence.

Regards,
T&C
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

TO
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Re: Fallen leaves and fruit

Post by TO » Tue Nov 06, 2018 4:32 pm

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.

despair
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Re: Fallen leaves and fruit

Post by despair » Tue Nov 06, 2018 5:09 pm

Sure will be interesting to find out the results of Thin and Crispy latest idea...lets hope it works

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Wed Nov 07, 2018 12:58 am

TO wrote:
Tue Nov 06, 2018 4:32 pm
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.
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.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

Collaborate
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Re: Fallen leaves and fruit

Post by Collaborate » Wed Nov 07, 2018 7:34 am

thin and crispy wrote:
Wed Nov 07, 2018 12:58 am

Useful to know that you think Mynors is reasonably priced.
For a legal publication that is well priced. Limited readership, no one's going to write a book that only 200 copies will be sold if they can only get a tenner for each. It doesn't make the author wealthy.

arborlad
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Re: Fallen leaves and fruit

Post by arborlad » Wed Nov 07, 2018 7:41 am

arborlad

smile...it confuses people

MacadamB53
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Re: Fallen leaves and fruit

Post by MacadamB53 » Wed Nov 07, 2018 12:11 pm

thin and crispy wrote:
Tue Nov 06, 2018 4:17 pm
MacadamB53 wrote:
Tue Nov 06, 2018 9:32 am
Hi thin and crispy,

With regard to the net, I'm arranging something else for his fruit to fall on/in - it's perfectly legitimate, but my neighbour won't like it one bit.

why not a net? what are you hoping to achieve with your unspecified but “perfectly legitimate” alternative that a net couldn’t?

confused regards, Mac
Two things, Mac:
1. A tidier alternative in my garden.
2. Deterrence.

Regards,
T&C
intriguing - if you share your plan with the forum we may be able to suggest enhancements... ;)

kind regards, Mac

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Wed Nov 07, 2018 3:30 pm

Collaborate wrote:
Wed Nov 07, 2018 7:34 am
thin and crispy wrote:
Wed Nov 07, 2018 12:58 am

Useful to know that you think Mynors is reasonably priced.
For a legal publication that is well priced. Limited readership, no one's going to write a book that only 200 copies will be sold if they can only get a tenner for each. It doesn't make the author wealthy.
I understand the economics Collaborate. Historically, it has always been the case that those holding specialist knowledge tend to make it difficult for 'the layman' to gain the same knowledge. After all, knowledge is power, as they say. It's a societal problem and not an outlook I agree with, although it is getting better, largely thanks to the Internet.

I have never written any of my books or articles (science, IT, medieval history) in order to make a profit. And that's the same with many of the academics I know in the same fields. Our niche-market subjects have small audiences as well, but money is not the motivation for distributing knowledge and ideas. Obviously it is publishers who set the prices; although authors choose their publishers, so they are not totally powerless in that regard.
Last edited by thin and crispy on Wed Nov 07, 2018 3:55 pm, edited 1 time in total.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Wed Nov 07, 2018 3:33 pm

MacadamB53 wrote:
Wed Nov 07, 2018 12:11 pm
thin and crispy wrote:
Tue Nov 06, 2018 4:17 pm
MacadamB53 wrote:
Tue Nov 06, 2018 9:32 am
Hi thin and crispy,

With regard to the net, I'm arranging something else for his fruit to fall on/in - it's perfectly legitimate, but my neighbour won't like it one bit.

why not a net? what are you hoping to achieve with your unspecified but “perfectly legitimate” alternative that a net couldn’t?

confused regards, Mac
Two things, Mac:
1. A tidier alternative in my garden.
2. Deterrence.

Regards,
T&C
intriguing - if you share your plan with the forum we may be able to suggest enhancements... ;)

kind regards, Mac
I appreciate the offer Mac, but I think it is all in hand. One enhancement I've decided to add is Prick Strips on the fence; the other is best not mentioned here.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

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thin and crispy
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Re: Fallen leaves and fruit

Post by thin and crispy » Wed Nov 07, 2018 3:35 pm

arborlad wrote:
Wed Nov 07, 2018 7:41 am
viewtopic.php?f=16&p=192033#p192033
Thanks arborlad.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

TO
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Re: Fallen leaves and fruit

Post by TO » Wed Nov 07, 2018 6:36 pm

thin and crispy wrote:
Wed Nov 07, 2018 12:58 am
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 answer to a) Mynors doesn't list any other cases. He only states, on the basis of the referenced case, that the tree/fruit owner can collect their fruit. He does go on to explain why the tree/fruit owner can get their fruit; because to deny them would constitute theft which is a criminal offence, or possibly, depending on what you do with the fruit, conversion, a civil offence. He doesn't suggest the theft of the fruit is qualified on the basis of where it is growing. Although you clearly disagree, considering the theft of the fruit to occur only when the tree is in a hedge.

In answer to b)The title of the book gives a clue to its contents. It is not a book on neighbour disputes. If you have a problem with your neighbour there is legislation to deal with that, and the Courts have the power to grant injunctions.
thin and crispy wrote:
Wed Nov 07, 2018 3:33 pm
I've decided to add is Prick Strips on the fence; the other is best not mentioned here.
That would have been better off not mentioned here. You cannot avoid your duty of care just because your neighbour is eccentric.

I consider Mynors book reasonably priced because there is no other similar authoritative tome.

IdefixUK
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Re: Fallen leaves and fruit

Post by IdefixUK » Wed Nov 07, 2018 7:04 pm

TO wrote:
Wed Nov 07, 2018 6:36 pm
You cannot avoid your duty of care just because your neighbour is eccentric?
+1. In fact perhaps you would be best advised to ensure that you take all reasonable steps to ensure that your neighbour comes to no harm should he come onto your property, especially so as you are aware that he may have a problem which might impair his judgement, and that it seems possible (or perhaps even probable) that he will try to access your land. Having read what you have posted concerning the behaviour of this neighbour I do not think that it is appropriate for you to lay any traps for him.

Regards

mr sheen
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Re: Fallen leaves and fruit

Post by mr sheen » Wed Nov 07, 2018 7:33 pm

In view of the legal issues and complexities regarding the arisings from trees, it would be reasonable for a neighbour to enter neighbouring land to retrieve items that he owns. If you don't want that to happen then the appropriate route to seek the opinion of the civil courts and to pursue the matter in court and apply for an injunction preventing him entering onto your land (from what has been reported here this would prove very difficult and obtaining an an injunction against the owner of a tree for retrieving his arisings is an unlikely outcome...but nevertheless it is the appropriate route for you)

In this civilised society we don't set traps and add items with the deliberate intent to cause injury to neighbours...and doing so is likely to engage the criminal justice system. Added to this, it appears that your neighbour may have disabilities and hence may be considered a vulnerable person. All in all the proposed actions may well result in criminal proceedings and potentially disastrous outcomes and possibly serious injuries......time to get a few pieces of fruit and some leaves back into perspective!!!!!

The response to the behaviour of the neighbour is starting to look excessive and can start to turn the tables about who looks like the NFH. The police wil not look favourably on someone who deliberately created hazards especially if they are attending because serious injury has been caused to the vulnerable disabled neighbour whose only issue was that he obsessively collected his apples.....doesn't look good!

Anthracite
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Re: Fallen leaves and fruit

Post by Anthracite » Wed Nov 07, 2018 7:49 pm

Surely the intention of the prick strips are to prevent the placement of apples on the fence rather than to cause injury to anyone. I presume that the neighbour would not want to place his mega-organic apples on man made plastic spikes.

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