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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 Central Norfolk UKPosts: 57,158
    I’m afraid you need a lawyer, not gardeners, to advise you. 
    “I am not lost, for I know where I am. But however, where I am may be lost.” Winnie the Pooh







  • Dave HumbyDave Humby Posts: 909
    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: 3,711
    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.

  • philippa smith2philippa smith2 Posts: 7,798
    If you purchased your lodge with the tree in situ, I don't think you have much of an argument.
    There is a good reason for not cutting/pruning until later in the year - ie November/December.
    It would be up to you to keep the deck clear for your clients - part of your cleaning and maintenance programme.
    You don't say whether the deck was there when you purchased the lodge or whether you installed it.
    Removing the deck if feasible could be an answer to what will be an ongoing problem.
    As others have said, legal advice would be the first step.
  • pwpaulawilkinsonpwpaulawilkinson Posts: 10
    Thanks all I have seen a solicitor  not an American lawyer 
  • DovefromaboveDovefromabove Central Norfolk UKPosts: 57,158
    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. 
    “I am not lost, for I know where I am. But however, where I am may be lost.” Winnie the Pooh







  • 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 The north west of south east WalesPosts: 3,921
    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?
  • 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
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