Can Council do this?

jdfi
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Re: Can Council do this?

Post by jdfi » Mon Feb 12, 2018 9:18 pm

jonahinoz wrote:Are LAs entitled to trim vegetation overhanging land that is not owned by that LA?
Of course. Trimming back to facilitate the easy passage of double decker buses being about the best example.

jonahinoz
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Joined: Fri Aug 05, 2011 5:15 pm

Re: Can Council do this?

Post by jonahinoz » Tue Feb 13, 2018 9:28 am

Of course. Trimming back to facilitate the easy passage of double decker buses being about the best example.

Hi JDFI

I'm not sure that you are comparing like with like.

The LA (or whoever) told my mate to cut back his branches that were over hanging the highway (which did happen to be a bus route), else they would do it and send him the bill.

I guess that means they can charge if it's a highway ... but surely not in other cases?

Hmmm! Could be a nice little earner.

John W

Whomping Willow
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Re: Can Council do this?

Post by Whomping Willow » Mon Apr 16, 2018 5:02 pm

mr sheen wrote:
Tue Mar 01, 2016 6:02 pm
Your land stops at the fence. Anything growing through the fence is technically encroaching upon land owned by someone else and it can be cleared back to the boundary without notice.
Simple solution is to keep your plants within your boundary and you retain full control over them.
In fact the council can give you notice to remove the encroaching vegetation from the path and if you don't they can do it and bill you.
This statement is very presumptious (& potentially wrong) but I can imagine a contractor assuming this; the fence may well have been located on a practical level near the legal boundary but just because something pokes itself across a fence doesn't give someone else a right to but/damage. The fence could be near & not on the boundary.

If a nuisance was being caused the ivy would still belong to you......as the ivy will regrow I guess the best you will get from the council is an apology. Your best bet is to call in your councillor and let him kick arse......there are elections coming up and this is the best time to grab them!

Whomping Willow
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Re: Can Council do this?

Post by Whomping Willow » Mon Apr 16, 2018 5:03 pm

jdfi wrote:
Mon Feb 12, 2018 9:18 pm
jonahinoz wrote:Are LAs entitled to trim vegetation overhanging land that is not owned by that LA?
Of course. Trimming back to facilitate the easy passage of double decker buses being about the best example.
The rights to trim back in this particular situation are related to Highway Law; typically the owner would be warned to do it themselves but different local authorities/highways authorities may have different practices.

arborlad
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Location: Hertfordshire

Re: Can Council do this?

Post by arborlad » Mon Apr 16, 2018 6:54 pm

Whomping Willow wrote:
Mon Apr 16, 2018 5:02 pm
mr sheen wrote:
Tue Mar 01, 2016 6:02 pm
Your land stops at the fence. Anything growing through the fence is technically encroaching upon land owned by someone else and it can be cleared back to the boundary without notice.
Simple solution is to keep your plants within your boundary and you retain full control over them.
In fact the council can give you notice to remove the encroaching vegetation from the path and if you don't they can do it and bill you.
This statement is very presumptious (& potentially wrong) but I can imagine a contractor assuming this; the fence may well have been located on a practical level near the legal boundary but just because something pokes itself across a fence doesn't give someone else a right to but/damage. The fence could be near & not on the boundary.

If a nuisance was being caused the ivy would still belong to you......as the ivy will regrow I guess the best you will get from the council is an apology. Your best bet is to call in your councillor and let him kick arse......there are elections coming up and this is the best time to grab them!


The law presumes you will fence to the fullest extent of your land - the council have done no wrong here.
arborlad

smile...it confuses people

despair
Posts: 16251
Joined: Mon Mar 14, 2005 7:07 am

Re: Can Council do this?

Post by despair » Mon Apr 16, 2018 10:11 pm

Oh come on this is stupid ...ivy is a total pest its ruining your fence and will pull it over if your not careful ...i agree the council workmen had no right to cut it back but they might have actually done you a favour ...the ivy stems might well be over an inch in diameter

arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Can Council do this?

Post by arborlad » Mon Apr 16, 2018 10:24 pm

despair wrote:
Mon Apr 16, 2018 10:11 pm
...i agree the council workmen had no right to cut it back

You are wrong..............the council had every right to act as they did.
arborlad

smile...it confuses people

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