over grown tree - legal obligation

Originally Posted by Baph

Personally, if it were me, I'd buy/rent/borrow a chainsaw, then climb the tree & chop offending branches.

Think you've missed the point there... the tree isn't on his land.

I once asked the council if I could trim one of their trees because they weren't doing it. I was told in no uncertain terms that I would be prosecuted for criminal damage if I did.

[yorkie_chris]

So... the fairies trimmed it.

Ask the council for the latest inspection record for that tree. As with buildings or any other fabric they are legally obliged to maintain the tree and make sure that it is not a threat to anyone's safety.
Trees will loose branches in high wind (especially if it's the summer), it's a survival mechanism (A limb can be lost without much detriment to the tree, but if it kept it then the tree could well blow over).
If you are worried about the tree after the council has inspected it, then ask a local tree surgeon to carry out an inspection (make sure they're accredited with the Arboriculture Association, and have had the relavent training NPTC Chainsaw course - Arb Ass training etc). This may cost you, but if they find out something the council missed then at the very least you'll have peace of mind.

Personnally, I would have thought the tree would only need a 15 - 30% reduction.

DON'T get a chainsaw and climb the tree unless you've had the training, or a load of bikers will be turning up to a bikers funeral who's missing their head!
My pet hate - B&Q selling chainsaws to the general public!

Originally Posted by Woz

Think you've missed the point there... the tree isn't on his land.

I once asked the council if I could trim one of their trees because they weren't doing it. I was told in no uncertain terms that I would be prosecuted for criminal damage if I did.

Nope, I didn't mis-understand at all. The tree is outside the property but has large branches overhanging the property.

In the past, the local council has pretty much ordered us to trim back hedges because they were overgrowing a public footpath (because someone complained). However, recently, there's been some roadworks, and they cut the bushes back themselves to the border of our property.

Fairs fair IMO, and I'd of taken a chainsaw to the over hanging branches. Then, if they persue legal action, fall back on the health & saftey aspect highlighted to the council, and the fact that they did nothing despite your concerns.

EDIT: There's nothing wrong IMO with handling a chainsaw yourself, so long as you're approprately careful.

My mistake

Originally Posted by Baph

Nope, I didn't mis-understand at all. The tree is outside the property but has large branches overhanging the property.

In the past, the local council has pretty much ordered us to trim back hedges because they were overgrowing a public footpath (because someone complained). However, recently, there's been some roadworks, and they cut the bushes back themselves to the border of our property.

Fairs fair IMO, and I'd of taken a chainsaw to the over hanging branches. Then, if they persue legal action, fall back on the health & saftey aspect highlighted to the council, and the fact that they did nothing despite your concerns.

EDIT: There's nothing wrong IMO with handling a chainsaw yourself, so long as you're approprately careful.

So, how does one know what dangers there are from both the chainsaw and the tree that's being cut? I've never seen B&Q selling decent and appropriate PPE for chainsaw operation. What about the condition of the saw, or what to look out for in the tree you're cutting down?

[yorkie_chris]

Read a book or a website on the matter ... been using a chainsaw for years and have still got all my limbs. No more dangerous than any other power tool IMO... especially as using something which can very easily remove a lot of flesh tends to instill some respect.

[Luckypants]

Well IMO the OP is within their rights to trim back branches overhanging their property, as long as they return the branches to the owner. It matters not that the council is the owner of the tree, it cannot overhang your 'airspace'. The only exception to this would be if the tree has a Tree Preservation Order (TPO) on it, in which case you will be prosecuted for cutting it up. Best to check for a TPO before getting your saw out.

RE: handling of chainsaws, doing a chainsaw safety certificate at the local college is both cheap and easy. Makes perfect sense to me to be trained to operate these things properly. I agree that B&Q et al should be forced to sell PPE for chainsaws with them. Many folks around here have chainsaws for cutting firewood and every year someone loses a finger or worse. I always wear chainsaw trousers, gloves, visor, steel toecap boots etc

i wrote a letter back to the counciil today. I await there reply.......

will keep you informed

[Wideboy]

Originally Posted by blueto

i wrote a letter back to the counciil today. I await there reply.......

will keep you informed

i shall await the result, im on the edge of my seat