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Think you own a tree . .

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(@peter-hughes-davies)
Posts: 218
Topic starter
 

Maybe or maybe not. The root of the problem.

 
Posted : June 19, 2013 8:57 pm
(@kent-mcmillan)
Posts: 11419
 

Well, I guess it's a good thing it wasn't a pulpwood tree or it would have been cut down and hauled off before you could say "Perry Mason".

In my view, the perfect summarary of the dispute between adjoining landowners Hartley and Scharper is encapsulated as follows:

>"Katherine Hartley used to spend a lot of time under the sweeping maple tree in her midtown Toronto backyard, practising yoga and praying to her ancestors.

>"But the giant, unassuming tree she once revered slowly began to frighten her. Worried it would fall as she meditated, Ms. Hartley sought and received a permit from the city and notified her next-door neighbour in June, 2012, that she planned to cut down the maple."

>"With the base of the tree only three centimetres from her backyard, Hilary Scharper sought to stop Ms. Hartley from cutting down the giant. Learning of her neighbour’s plan, Ms. Scharper sat a statue of St. Francis of Assisi, the patron saint of the environment, beside the maple’s trunk."

Probably 90% of all disputes such as this begin as personality/lifestyle/cultural clashes and just use some technical issue to carry things to court and before some judge in the hopes that he or she will in effect declare the opposing party to be a bad person.

Sorry to see that the Dominion of Canada has decided to relinquish its claim to be the last bastion of sanity in North America in such a public manner (but I appreciate the candor in the confession of the lapse).

 
Posted : June 19, 2013 10:05 pm
(@nate-the-surveyor)
Posts: 10522
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Nail some copper nails into it, all around. When it dies, cut it down. Simple. Tell the neighbors that it's dead. Nail them into the roots, and nobody will ever figure it out.

🙂

N

 
Posted : June 20, 2013 3:18 am
(@deleted-user)
Posts: 8349
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Back in the “olden” days (right after fire, just before the wheel) a forester I worked with told me the best way to kill any tree was to take a piece of thick copper wire and make a tourniquet at about breast height on the trunk. This is supposed to halt nutrients from "feeding" the tree and thus kill it after a short period of time. I have never been attacked by a tree so I really don’t have any reason to kill one therefore I really do not know if this works or not.

Have a great weekend! B-)

 
Posted : June 20, 2013 5:27 am
(@deleted-user)
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Free the Trees!

 
Posted : June 20, 2013 5:47 am
(@perry-williams)
Posts: 2187
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Around here, the loggers will cut down every other line tree.

 
Posted : June 20, 2013 11:25 am
(@john-putnam)
Posts: 2150
Customer
 

Around these parts that would be at least 2x the log value.

 
Posted : June 20, 2013 12:07 pm
(@derek-g-graham-ols-olip)
Posts: 2060
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Colleagues:

Here's the cite: http://canlii.ca/t/fxkt6

Cheers,

Derek

 
Posted : June 20, 2013 12:36 pm
 jud
(@jud)
Posts: 1920
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The location of the center of the tree should indicate ownership. Long term acceptance of limbs crossing the line is not a claim of ownership. Taking advantage of the shade from the neighbors tree shows knowledge and knowledge without complaint is acceptance of the neighbors tree and its annual growth, that is not a claim of ownership or control over others property. The tree hugger's on that court have shown they were more interested in the tree rather than equity and law, they should be removed from that court and their Law Licenses revoked for life. That court only clouded the title of the tree owners land, left full liability on that owner and placed the neighbor in control of others property. They saved the tree but betrayed every land owner in the Provence.
jud

 
Posted : June 20, 2013 12:53 pm
(@dave-karoly)
Posts: 12001
 

A logger did that to a huge Redwood on the State Park boundary, he tried to argue every other tree and lost. The Judge ordered him to pay treble damages because the Park Ranger told him not to take the tree.

 
Posted : June 20, 2013 4:36 pm
(@don-blameuser)
Posts: 1867
 

"Sorry to see that the Dominion of Canada has decided to relinquish its claim to be the last bastion of sanity in North America ..."

Not by a long shot, as the old saying goes, and let's not even begin to bring up examples of sanity among other North American nations.
Jud's assessment, proffered earlier, also seems a bit extreme.
Are you guys collaborating?

Don

 
Posted : June 20, 2013 6:17 pm
(@dave-karoly)
Posts: 12001
 

I wonder if there are any hacks or blazes on the tree.

 
Posted : June 20, 2013 7:13 pm