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overhanging tree banches

pwpaulawilkinsonpwpaulawilkinson Posts: 10
in Problem solving
hi

I own a lodge in a private leisure village .  i pay fees for the maintainance of the grounds.  tho lodge sits on a prepared concrete base and next to the front deck is a silver birch tree that is about 3 feet from the base.
The sap is sticky and it drops tiny leaflets and then its leaves onto my deck  which makes it dangerously slippy and i fear the roots are damaging the base
I have spent a lot of time and money this year trying to rectify the problems to no avail.  the land /leisure village land owners have told me that if i  cut the overhanging branches off they will remove my lodge off the site.  They have told me that it will be pruned but not until november.  I rent the lodge out to visitors and have had to put the deck out og use until the problem is solved.
So, am i within my rights to prune the tree and offset the cost to the park owners by reducing the cost of my fees.
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Posts

  • DovefromaboveDovefromabove Posts: 88,147
    I’m afraid you need a lawyer, not gardeners, to advise you. 

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • Dave HumbyDave Humby Posts: 1,145
    You will likely get a lot of well intended advice but your situation sounds outside of the normal scenario. You might be better off seeking expert legal advice from someone who can understand the full legal aspects of your position. 
  • pwpaulawilkinsonpwpaulawilkinson Posts: 10
    Yes this is what I thought but just wondered if anyone else had ever had a problem like this  thanks
  • KT53KT53 Posts: 9,016
    Even if others have had a similar problem it doesn't mean that what you can do about that problem is the same.  It will depend on the contract you have with the site owners.  You effectively rent a pitch on the site, you do not own the area so the normal guidance about removing overhanging branches may well not apply.
    It would seem the site owners have given you a pretty firm response about what will happen if you defy them and cut it back yourself.  On the face of things it would seem to be a very high risk strategy.  Even if legal advice states that you can do this, the site owners probably can terminate the lease on any number of pretexts.

  • pwpaulawilkinsonpwpaulawilkinson Posts: 10
    Thanks all I have seen a solicitor  not an American lawyer 
  • DovefromaboveDovefromabove Posts: 88,147
    If the property is in the USA and your contract is with a US business, then you need an American lawyer ... not a UK solicitor ... as I’m sure you’ve been advised. 

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • pwpaulawilkinsonpwpaulawilkinson Posts: 10
    I always refer to legal practitioners in UK as solicitors  I find it a misnomer in out language now. Mynlodge is in the uk
  • wild edgeswild edges Posts: 10,497
    I'd invest in a sweeping brush and enjoy the tree. A bit of cleaning is surely less stressful than getting into a legal battle over leaves falling onto your static caravan?
    If you can keep your head, while those around you are losing theirs, you may not have grasped the seriousness of the situation.
  • pwpaulawilkinsonpwpaulawilkinson Posts: 10
    That is easier said than done when I dont live in the lodge which is not a caravan  and I cannot afford to employ a daily cleaner to make it safe.

    Please only post constructive suggestions
  • wild edgeswild edges Posts: 10,497
    As others have said you need to consult a lawyer rather than gardeners who are used to sweeping up leaves and enjoying plants. There's probably specialist caravan lawyers although you might find  many avoid working for the traveller community.
    If you can keep your head, while those around you are losing theirs, you may not have grasped the seriousness of the situation.
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