A simple walk
The day was calm, dry and the sun shone warming my bones and casting shadows. The speed limit is 30 miles per hour but at that moment there were no moving vehicles, the only sound came from high in the trees and I was enjoying the winged choir. A smooth clean and level path was a welcome addition.
It is a road well known to me so I am aware of the hazards…. Irresponsible dog owners who regularly ignore the signs to use a poop scoop, leaving me to dodge around the mess! Facing traffic hurtling around that bend at break neck speed far to busy to obey the rules of the road. If they were not enough hazards to contend with, add in the over hanging branches.
I am 5′6″ and the photo was taken with the viewfinder to my eye and not looking through the larger screen. If you travel back along the lowest branch on the left hand side to a bright patch under a cone, that is my eye level. I need to bend my head to my chest in order to pass underneath, or step into the road and oncoming traffic (we drive on the left hand side of the road).
This is one of many trees overhanging this wall. The gardens on the other side of the wall are at a much higher level. In wet and windy winter weather it is more hazardous. Our days are shorter, darker and mostly wet. As the branches wave and trash about weighed down with water they are capable of knocking off glasses, causing facial injury or in an extreme case causing the loss of an eye.
There are electricity cables running above the level of the wall. At least every two years the Northern Ireland Electricity demand that the upper branches are cut back from the path of the wires. Pedestrians are not catered for at all. I have in the past approached the local council on my own behalf and behalf of others who walk along this way, but they do nothing.
Neighbourhood watch in these parts is of the squinting window variety, The people watch plenty, but when asked they have seen nothing!
Am I within my rights to bring clippers and cut the offending branches or to approach the house owners (more than one), or will it antagonize them into further non-action?
Nick said,
June 19, 2009 at 8:38 am
If I were you, I’d just cut a few of the branches off. Nobody could prove it was you, it could have been anybody. There are several laws against obstructing pavements, though which would apply here I don’t know. Section 137 of the Highways Act 1980 for example forbids obstruction of the public highway.
Sharon said,
June 19, 2009 at 9:33 am
Grrr.
It bugs me no end that pedestrians are the last to be catered for. Since getting our dog I’ve become even more annoyed by the lazy lumps who leave the mess on pavements. I now know just how simple it is to clean up after your dog.
Overhanging hedges are another nuisance. There is no reason people can’t be considerate enough to clip them. They might not realise they’ve overgrown and need a letter from the council or neighbourhood association or something to give them the hint, but you’re entitled to be bothered when it interferes with your ability to walk the pavement safely.
Ian said,
June 19, 2009 at 12:35 pm
I think you can only cut the branches if you are the owner of the property they overhang and you have requested the owner to cut them and they have failed to do so. I think that you might send your picture to the local council and point out they will be responsible for any injury or accident arising from negligence on their part.
Kate said,
June 19, 2009 at 12:59 pm
Sadly - it will take someone getting hurt and, after taking photos (as evidence) their nearest and dearest taking the law into their own hands and lopping the offending things.
What a mad world we live in - take care…
Nancy said,
June 19, 2009 at 1:39 pm
Grannymar,
When you have a public nuisance like those tree branches obstructing your abilility to use the sidewalk, you usually have to find the elected official responsible for that particular problem.
We have a summer cottage and put a new window in the kitchen. We didn’t realize until it was installed that it afforded us a perfect view of an abandoned shack on the next property.
I waited until the inspector came to approve the window job and as we looked at the window I said to him,” I’m a bit worried about that place next door. The neighborhood children play in that shack and one day a child will fall through the rotting floor and be trapped in there. When that happens, everyone will say,”Where was the zoning and safety officer? Why didn’t he condemn this dangerous property a long time ago?”
I didn’t say another word. Two days later I saw our local Fire department over there burning the place down. When it was totally destroyed, they cleared up all the ashes and planted grass seed. It’s a nice little glen now.
Sometimes you just have to quietly threaten the authority with the loss of his/her job through neglect of duty. Do you have an official in your town who is responsible for people having their eyes put out by an enormous tree overhanging a public walkway?
kenju said,
June 19, 2009 at 1:49 pm
I might approach the homeowners and if no action is taken, carry my clippers on the next walk!
Elly Parker said,
June 19, 2009 at 2:02 pm
They are just branches and you are a scary little old lady (well not so old). Chop them off and stick them in under the scrubby bush near that area so that they decompose nicely.
I wouldn’t worry about it, if anyone did notice and did call the police they’d either laugh at them or pop up and tell you well done for a neat job!!
bikehikebabe said,
June 19, 2009 at 2:48 pm
This is interesting. The 1st thing I thought was—How beautiful & natural looking that neighborhood is with the pretty overhanging branches.
We have a path leading from the house that my husband sometimes trims back. I don’t want it to look like a Park; I like to wade through the bushiness. We live near wilderness. I like that look.
Grannymar said,
June 19, 2009 at 4:00 pm
Thank you everyone for your thoughts.
As I see it they are not my property. I could make an effort to cut the branches BUT to cut them myself I would be reaching above my head and not have sufficient strength to make a clean cut. Also in doing so would it produce a more dangerous hazard for taller walkers? Would I then be liable for damages?
There are about eight large houses along that stretch. I suppose I could call at all the houses and try to speak to each of the owners. and enlighten them of the hazard and remind them that once they are aware of the problem anyone injured is within their right to claim damages.
I do intend contacting the local Council and adding photos to the email.
Elly, that scrubby bush as you call it, is actually a tree with sprouting branches all along the trunk from ground level and they now stretch almost all the way across the path. I am glad I don’t need to push a buggy along there now.
Magpie11 said,
June 19, 2009 at 6:26 pm
Beware the Jobsworths of the council! Local Paper, Local Councillors…
If they were hanging over your garden than you could cut them off and give them to the owner of the tree….gleaned from many years listening to Gardeners’ Question Time. As for over hanging the public highway…that’s the council’s responsibility…
We had a problem with roots making the pavement bumpy and I thought I saw an elderly lady trip. I phoned the Council and told them I HAD seen an elderly lady trip and that I had caught her…. I also mentioned legal action as a possibility…the problem was dealt with inside three days!
I’m sure that what made you take that great picture was “seeing” someone getting hit in the face, even if it was in your mind’s eye!.
(turns away whistling tunelessly).
If I come up with any other ideas i’ll let you know!
Grannymar said,
June 19, 2009 at 6:31 pm
Thanks Magpie!
rummuser said,
June 19, 2009 at 6:59 pm
Had I been your neighbor, I would have gladly done the job for you! I have done so here in our neighborhood and withstood the aftermath from irate residents and tree lovers and went to share a cup of tea with our local Police Inspector following a complaint from a well meaning sod. Every monsoon, the branches bend down with the weight of the water and cause electric and phone cables to snap and this year too I anticipate this to happen. In the meanwhile, when i come across something like this, I simply do what needs to be done and get on with common sense life.
May I suggest that you let your toyboy brigade loose on this project?
bikehikebabe said,
June 19, 2009 at 7:57 pm
When I was walking my son’s dogs in Portland OR (USA) where it rains all the time & everything grows, I cut long spiky tentacles that grew down over walls onto the sidewalk. I think these people probably don’t walk. They drive.
Grannymar said,
June 19, 2009 at 8:52 pm
@Ramana - I think my toyboys are a little far away to call on to do the work f the local council. Since being a ‘Toyboy’ is an honorary position they only turn out on State occasions!
BHB - I think you may be right about the driving!
Darlene said,
June 19, 2009 at 9:30 pm
I guess there are some advantages about no longer being able to walk far. I do have a problem with a tree root that is pushing up the sidewalk on my way to the mailbox. You have given me ammunition to use on my homeowner’s association. There is nothing like threatening a lawsuit to get action.
Betty said,
June 19, 2009 at 9:35 pm
Cut them back. If anyone complains, just say what my mother used to tell me when she cut my hair too short - “It’ll grow back.”
Jean Browman--Cheerful Monk said,
June 19, 2009 at 11:31 pm
I thought your comment about the branches being too high to make a clean cut is relevant. Alerting the powers-that-be about the possibility of lawsuits strikes me as the wisest solution. Please let us know how it goes.
We just received a bill for $618.50 for some simple blood tests. I too am looking into possibilities of putting a bit more sanity into the world.
wisewebwoman said,
June 20, 2009 at 2:44 am
GM:
I too have a hard time with the marginalization of pedestrians. I would keep harrassing council people - especially one you have been instrumental in electing. If that fails, take it to the mayoral level and mention potential lawsuits and your good citizenry in alerting them.
XO
WWW
bikehikebabe said,
June 20, 2009 at 5:04 am
Yes, the possibility of a lawsuit works wonders. I bought a floor washer that didn’t work. It put the soapy water on the floor fine & scrubbed fine, but wouldn’t suck the water back up. The store “fixed” it but it was the same. The manager said that I was too particular. (I had to get the water up with sponges.)
The 2nd time I added that the machine shocked me. That’s because I didn’t have on my rubber shoes & was standing barefoot in water.
Then he quickly took back the machine & gave my money back.
BTW I said above that I liked the bushy wilderness look of the path leading to my house. I don’t live in a cabin in the forest. The front & back yards are rather formal, but the bushy path that leads into the boondocks is at the end of house.
Grannymar said,
June 20, 2009 at 9:17 am
@Darlene - I hope your visit here helps get to the root of your problem.
@Betty - Was it your mother cut my hair as a child? I often heard that phrase “It’ll grow back”!
@Jean - I do intend following this up and also to write about it after the event. $618.50 for some simple blood tests seems high to me. I am thankful for the National Health Service.
@WWW - I remember being told back when Elly was at school, that if the Board of Governors were made aware of a hazard and did nothing about it, any victim of an injury from said hazard was within their rights to not alone sue the Board of Governors as a group but also each individual member as well. That one might get the things done quickly.
@BHB - Your cover is blown! We all know that that was you in the shower on my blog on Tuesday
Mik said,
July 15, 2009 at 5:44 pm
Fire up the chain saw; notify Luther post haste. Godspeed.