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Thursday, October 9
by
Andrew Beard
on Thu 09 Oct 2008 01:40 PM BST
I've just been to leafy - leafy? Henleaze to look at a newish, well twenty or so year old house. It was timber framed and was largely in good condition. However, growing in the garden of the adjoining house was a large Lime tree. The tree was there before the house and it has a Tree Preservation Order on it. Well, I wonder, who has it's responsibility? Any 'pruning or alteration' will require planning consent because of the TPO. But, does the owner of the tree owe a duty of care to his neighbour, to 'protect' his neighbour's (new) house from the tree? He will have to get planning consent each and every time it is cut. A slight conundrum; one for the lawyers to work out...
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