I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.

Xref: 127.0.0.1 alt.uk.law:35724 free.uk.diy.home:18000 uk.rec.gardening:160500


"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on
a
council owned verge, overhangs my property, and the sap makes a hell of
the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do
you
think as if I asked the council they would be obliged to remove it and
plant
something else more appropiate?

P.S. I'm a private householder.


I don't know about getting rid of the whole tree whether or not they re
plant it somewhere else...
I think from the earlier threads about this type of situation if it was your
neigbhour's tree and it overhanged on your property you would be allowed to
ask him "to cut" what is on or over your property and if he refused I think
I recall you would be allowed to cut it yourself (after making sure you have
asked in writign and recorded delivery or somehting similar so you have a
record of asking for it...)

Maybe do a search on deja.com for "tree over property" it comes up with a
few...


Vester
I am not a lawyer and I may be wrong

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

Mike

On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/

I think it's stretching it a bit to call a Silver Birch a beautiful
tree......................

"Sacha" wrote in message
...
On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's
on a
council owned verge, overhangs my property, and the sap makes a hell of
the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do
you
think as if I asked the council they would be obliged to remove it and
plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/

|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches and return
| the Prunings to them, ie dump them in the road. Give them 7 days to do
| it and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.
|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


Before going 'head to head' with the council in this way, wouldnt it make sense to simply phone or email them with a simple
complaint that the tree is causing a nuisance? I suggest this because

1) The council is there for all of us, and they police the environment regardless of whose property it is

2) I think its a more reasonable approach to begin with

3) They are very difficult to beat legally, having infinitely more resources than you do.

It is quite possible they dont yet know that their 'property' is causing you a problem, at least give them the benefit of sorting it
without all the treats of litigation.

|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control

The onus will be on you to prove the council are in the wrong.




and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches

Dont be so sure. I think its called 'Topping and lopping' and requires permission from (surprise) the local authority to do it
(since the great storm, any broadleaf tree must be respected and nurtured. I think it has more rights than a refugee).


and return
| the Prunings to them, ie dump them in the road.

That will probably result in being done by the council as well.

Give them 7 days to do| it

Their work is planned/contracted out, 7 days is probably insufficient for this.


and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.


Thin ice, all the way here I think.


|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


....and be embarrased when they ask for evidence of following the protocols for complaints.


I think your logic is great, but flawed throughout. Sorry.

In article , Sacha
writes

IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--

Quite agree, 'never' take advice from Barrack Room Lawyers. Quite often,
in fact more often than not, they have only 'read the book' and do not
have the experience of confronting Councils and other Officialdom.

Always seek the advice of someone with first hand knowledge and if
possible, who knows someone in the organisation they are battling with.

I would be pleased to advise anyone on how to write a letter to their
Council so it is read, observed and they 'have' to do something about
it.

(Advising at present for some neighbours who were flooded a couple of
weeks ago. So far we have had the Water Board and the Council jump to
attention:-))

Mike

--------------------------------------------------------------------------------
When the gates are all down and the signals are flashing
The whistle is screaming in vain,
If you stay on the tracks ignoring the facts
You can't blame the wreck on the train.

In article , David J Clarke
writes
|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control

The onus will be on you to prove the council are in the wrong.

Any letter written to the Council MUST be replied to in a set time so
they must respond to your complaint. 'That' opens a file on the case.


and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches

Dont be so sure. I think its called 'Topping and lopping' and requires
permission from (surprise) the local authority to do it
(since the great storm, any broadleaf tree must be respected and nurtured. I
think it has more rights than a refugee).


See above

and return
| the Prunings to them, ie dump them in the road.

That will probably result in being done by the council as well.

Give them 7 days to do| it

Their work is planned/contracted out, 7 days is probably insufficient for this.

The reply should come that they are talking to their contractors, or,
depending on the Council, they may send someone round to see within 48
hours.

and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.


Thin ice, all the way here I think.

'You think' :-))


|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


...and be embarrased when they ask for evidence of following the protocols for
complaints.


Copy the letter.

I think your logic is great, but flawed throughout. Sorry.

It has worked for me in the past, I can only suppose you have not had
the experience at chasing Councils and large organisations.

Mike

--------------------------------------------------------------------------------
When the gates are all down and the signals are flashing
The whistle is screaming in vain,
If you stay on the tracks ignoring the facts
You can't blame the wreck on the train.

|
| Any letter written to the Council MUST be replied to in a set time so
| they must respond to your complaint. 'That' opens a file on the case.
|


Fine, why not do it without the 'attitude' that you would normally keep in reserve using the normal channels?



|
| The reply should come that they are talking to their contractors, or,
| depending on the Council, they may send someone round to see within 48
| hours.
|
| and add that you will accept no responsibility if the tree dies or is
| | effected in any way by your lawful action if you do have to do it
| | yourself. Have the letter delivered by recorded delivery.
|
|
| Thin ice, all the way here I think.
|
| 'You think' :-))

Yes, sometimes. Coucil folk consist of relativelt normal people trying to do their job within there own ridiculous constraints of
the council (I say ridiculous, but they will have good reason for it, I'm sure)





|
|
| |
| | Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux
|
|
| ...and be embarrased when they ask for evidence of following the protocols for
| complaints.
|
|
| Copy the letter.

Yes, ok, copy the letter - but to what aim? These people wont help you unless you try to help yourself, and you wont do that by
starting off from a beligerant standpoint.

| I think your logic is great, but flawed throughout. Sorry.
|
| It has worked for me in the past, I can only suppose you have not had
| the experience at chasing Councils and large organisations.


I have, and I found that councils are accountable. Banks, Insurance companies and BT do not appear to be, and
your suggested approach is a good starting point - faceless instituitons need a good wallop, frequently.

|
| --------------------------------------------------------------------------------
| When the gates are all down and the signals are flashing
| The whistle is screaming in vain,
| If you stay on the tracks ignoring the facts
| You can't blame the wreck on the train.


I hear what you're saying, but we're talking about an overgrown tree here....

The message vjhl9.751$Op4.96001@newsfep2-gui
from "Top Cat" contains these words:

I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

Are you sure what's dripping on your car? Birch trees can leak sap
from wounds; but ime it doesn't rain down; the sap almost always runs
down branches then down the trunk,and only for a short time until the
wounded part either callouses over, or dies. If something sticky is
dripping onto a large area under the tree, it probably isn't sap, but
honeydew from aphids feeding on the leaves. In that case it would only
be a seasonal summer thing, so the council might successfully claim that
it isn't responsible for normal insect activity, and you, not they, are
responsible for protecting your car paintwork from it.If it is sap from
a tree wound, then you might have more luck persuading the council to
act, on the grounds that damaged branches are a potential safety
hazard.Why not ask your car or household insurer if your policy includes
free legal advice?

ISTR from previous threads, the legislation which entitles people to
prune their neighbours' overhanging branches applies only to common
boundaries between domestic gardens; not to public areas. Also, the
tree may be subject to a tree protection order, so don't risk a large
fine by doing anything to it off your own bat.

Janet.

why not just cut chunks out of the tree and hope no one notices?

i mean the council probably owns thousands of trees around your city


"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on
a
council owned verge, overhangs my property, and the sap makes a hell of
the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do
you
think as if I asked the council they would be obliged to remove it and
plant
something else more appropiate?

P.S. I'm a private householder.

"mo" wrote in message ...
| why not just cut chunks out of the tree and hope no one notices?
|
| i mean the council probably owns thousands of trees around your city


Because someone will see you, and they will grass you up. Interfering do-gooding neighbours really **** me off.

My council own 28,000 trees apparently. Just thought I'd mention it.

In article , David J Clarke
writes

Yes, sometimes. Coucil folk consist of relativelt normal people trying to do
their job within there own ridiculous constraints of
the council (I say ridiculous, but they will have good reason for it, I'm sure)


Would I be correct in saying that you don't know the difference between
a 'Councillor' and a 'Council Employee'?

By your reply it would seem not.

In article , Sacha
writes
On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/
I agree. Having a word with your local councillor also might be useful.
You can always fall back on the legal letters if you get nowhere.
--
hugh