penance wrote:
If the tree is overhanging the boundary, the neighbour is legally
entitled to have every overhanging part cut back to the boundary line.
Even if the overhanging section is the main leader of the trunk.


Not so, it is reasonable as long as the work carried out does not pose
a threat to the tree, this is assuming the tree is healthy and not a
threat to property or people.
There has been a precedence set in court for this (in the UK). I have
the reference in my college notes somewhere.

What is reasonable? There is no question of reasonableness in this at
all. Any part of the tree overhanging their property is a trespass.
The neighbour can cut it off (although the branch/trunk/whatever
remains the property of the original owner)..

penance, : wrote:

Not so, it is reasonable as long as the work carried out does not pose
a threat to the tree, this is assuming the tree is healthy and not a
threat to property or people.
There has been a precedence set in court for this (in the UK). I have
the reference in my college notes somewhere.


Thanks for all your replies
Had the councils arboriculturist (sp?) look at the tree,
For future reference apparently 30% is the most you can prune from a
largish Copper Beech with any hope of it surviving.


--
MW

On 4/2/06 17:14, in article
, "MikeW"
wrote:

penance, : wrote:

Not so, it is reasonable as long as the work carried out does not pose
a threat to the tree, this is assuming the tree is healthy and not a
threat to property or people.
There has been a precedence set in court for this (in the UK). I have
the reference in my college notes somewhere.


Thanks for all your replies
Had the councils arboriculturist (sp?) look at the tree,
For future reference apparently 30% is the most you can prune from a
largish Copper Beech with any hope of it surviving.

Just as a matter of interest, Mike, would you mind letting us know if your
neighbour accepts that and if their request was prompted by their insurance
company? If the latter, I wonder where this leaves you and your tree?
--

Sacha
www.hillhousenursery.co.uk
South Devon
)

Sacha, : wrote:
On 4/2/06 17:14, in article
, "MikeW"
wrote:

penance, : wrote:

Not so, it is reasonable as long as the work carried out does not pose
a threat to the tree, this is assuming the tree is healthy and not a
threat to property or people.
There has been a precedence set in court for this (in the UK). I have
the reference in my college notes somewhere.


Thanks for all your replies
Had the councils arboriculturist (sp?) look at the tree,
For future reference apparently 30% is the most you can prune from a
largish Copper Beech with any hope of it surviving.

Just as a matter of interest, Mike, would you mind letting us know if your
neighbour accepts that

Sort of, we are going to do it in stages
The tree has a fork, the side that is nearest the neighbour I am going to
have pruned by 50%
And only thin the other fork, When the tree has recovered I will the then
reduce this by 50%

and if their request was prompted by their insurancecompany?

No, it was purely a request regarding light

I wonder where this leaves you and your tree?

The tree lives to fight another day, and I will spend many a happy hour
collecting its Leaves :-)
And it will hopefully see us all out.
(How long do Copper Beech live)

--
MW

On 5/2/06 0:00, in article
, "MikeW"
wrote:

Sacha, : wrote:
On 4/2/06 17:14, in article
, "MikeW"
wrote:

penance, : wrote:

Not so, it is reasonable as long as the work carried out does not pose
a threat to the tree, this is assuming the tree is healthy and not a
threat to property or people.
There has been a precedence set in court for this (in the UK). I have
the reference in my college notes somewhere.


Thanks for all your replies
Had the councils arboriculturist (sp?) look at the tree,
For future reference apparently 30% is the most you can prune from a
largish Copper Beech with any hope of it surviving.

Just as a matter of interest, Mike, would you mind letting us know if your
neighbour accepts that

Sort of, we are going to do it in stages
The tree has a fork, the side that is nearest the neighbour I am going to
have pruned by 50%
And only thin the other fork, When the tree has recovered I will the then
reduce this by 50%

and if their request was prompted by their insurancecompany?

No, it was purely a request regarding light

I wonder where this leaves you and your tree?

The tree lives to fight another day, and I will spend many a happy hour
collecting its Leaves :-)
And it will hopefully see us all out.
(How long do Copper Beech live)

I have no idea how long they live but over 100 years, I should guess. I'm
really glad to hear yours is going to get its chance to do that. I think
they're one of the most beautiful of trees and we have an old one here on
the big lawn that is just starting to get a little dieback at the very top.
We are guessing that it was planted when the house was built in 1851.
--

Sacha
www.hillhousenursery.co.uk
South Devon
)

In article ,
MikeW wrote:

(How long do Copper Beech live)

Entirely depending. A healthy tree will live for 2-300 years, but
forked ones tend to split and then fungus brings down the rest.
A coppiced beech will live for much longer (see Rackham), but you
can't coppice a beech once it is semi-mature.


Regards,
Nick Maclaren.

That would be decided in coart, taking into account the species of tree, the reason for the request of pruning (property damage, busybody neighbour etc).
There is always a question of reasonableness. If the tree was double stemmed with a fair 50/50 between stems, one stem overhanging the neighbours garden. If the neighbour wanted to remove all overhanging growth with no real reason (IE not a dangerous tree or encrouching on structures) the the request is unreasonable. Removing 50% in such a fasion would have a large impact on the tree's health and structural stability.