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Overhanging trees (again).

Overhanging trees (again).

Postby Hairyloon » Thu May 25, 2017 2:36 am

It is well established law that if (A) has trees overhanging into (B)'s property, the (B) is within his rights to cut that which overhangs and return it to his neighbour.
In most cases, what overhangs is rubbish and nobody cares, but what if it is not, and (B) makes off with it and (for example) sells it as firewood?
Is this theft? I can potentially see an argument that there was not a dishonest intent.
If it is not theft, then what is it?
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Re: Overhanging trees (again).

Postby Smouldering Stoat » Thu May 25, 2017 5:18 am

Conversion.
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Re: Overhanging trees (again).

Postby atticus » Thu May 25, 2017 6:42 am

I understand that the OP is writing a handbook on law for arborists.
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Re: Overhanging trees (again).

Postby Hairyloon » Thu May 25, 2017 8:58 am

Smouldering Stoat wrote:Conversion.

That was my first guess, but I thought it meant something else. Are we all agreed that it isn't theft?

atticus wrote:I understand that the OP is writing a handbook on law for arborists.

There is some merit in the suggestion, except that it seems my writing is often difficult to understand.
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Re: Overhanging trees (again).

Postby shootist » Thu May 25, 2017 9:14 am

Conversion is a civil issue. The question appeared to whether it would be theft, a crime. Basically, yes it would be theft. Selling the wood as firewood would be a good indicator that the cutter knew it had value. If the cutter claimed ignorance in respect of ownership then we can all chant together that ignorance of the law is no excuse. If it was a few twigs that were clearly rubbish then it would be a defence to say that there was no dishonesty as the thought would be that no reasonable person would have objected to them being disposed of. If the tree in question was a most valuable rarity, the cuttings of which might be worth a fortune to keen arborists (?) then it might be necessary to prove that the cutter knew this or if he didn't know it then back to the reasonable person not minding if a few trigs were disposed of.
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Re: Overhanging trees (again).

Postby Hairyloon » Thu May 25, 2017 9:35 am

shootist wrote:Basically, yes it would be theft. Selling the wood as firewood would be a good indicator that the cutter knew it had value...

Good point.
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Re: Overhanging trees (again).

Postby theycantdothat » Thu May 25, 2017 9:39 am

Hairyloon wrote:It is well established law that if (A) has trees overhanging into (B)'s property, the (B) is within his rights to cut that which overhangs and return it to his neighbour.


The red needs a little clarification.

"to cut that which overhangs"

Only if it will not result in the death of the tree.

"and return it to his neighbour"

There is no right to return the arisings to the neighbour, even if neatly bagged up. What there is is an obligation to offer the arisings to the neighbour. If the neighbour declines them then they can be disposed including by way of sale.
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Re: Overhanging trees (again).

Postby atticus » Thu May 25, 2017 1:55 pm

Well, that is that chapter of the book.

What next: notifiable species?
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Re: Overhanging trees (again).

Postby Hairyloon » Thu May 25, 2017 2:00 pm

atticus wrote:Well, that is that chapter of the book.


Get on with you. Last time we looked at overhanging trees we went on for pages and pages.

What next: notifiable species?

I don't think any trees are notifiable. I may be wrong. :?
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Re: Overhanging trees (again).

Postby Hairyloon » Sat Jun 17, 2017 8:28 am

theycantdothat wrote:There is no right to return the arisings to the neighbour, even if neatly bagged up. What there is is an obligation to offer the arisings to the neighbour. If the neighbour declines them then they can be disposed including by way of sale.


Are we certain about that?
If the trimmings belong to the owner, then what is the argument that it is the neighbour's duty to dispose of them?
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