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What Constitutes A Garden?

 
 
Miller
 
Reply Sat 25 Sep, 2010 10:13 pm
The legal definition of a garden
A "garden" is defined in the Oxford English Dictionary as an "enclosed piece of ground devoted to the cultivation of flowers, fruit or vegetables".

By Caroline Gammell
Published: 6:04PM BST 04 Jul 2008

It is also described as a parcel belonging to a house which passes on with sale.

The Forestry Commission concedes that a garden could compromise woodland as well.

Lord Justice Moses said the key to what constituted a garden was the "relationship between the owner and the land and the history and character of the land and space".

It was argued that the overgrown parts of land could not be "garden" because it had run wild more than 30 years ago.

Lord Justice Moses said: "The fact that the previous owner didn't have the need or desire for the land as a gardener and that the owner went abroad didn't mean that the garden ceased to be one."

Under guidelines issued by the Department for the Environment, Food and Rural Affairs (Defra) a licence is not required for felling trees in a garden, churchyard, or orchard.

Telegraph.co.U.K.
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plainoldme
 
  1  
Reply Sat 25 Sep, 2010 10:48 pm
Whether a garden is a couple of containers on an apartment balcony or a spread covering several acres, a garden is whatever the gardener wants it to be.
Miller
 
  1  
Reply Sat 25 Sep, 2010 10:50 pm
@plainoldme,
So says, Lord Justice Moses:
Quote:
Lord Justice Moses said the key to what constituted a garden was the "relationship between the owner and the land and the history and character of the land and space".
plainoldme
 
  1  
Reply Sat 25 Sep, 2010 10:59 pm
@Miller,
That's interesting. A garden is limited solely by the owner, but the determining factors include not just space and climate, the most important factors, but also the amount of time and money, as well as taste, inclination, ambition and strength of the owner.
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PUNKEY
 
  1  
Reply Sun 26 Sep, 2010 08:47 am
I guess the judge thinks landscape is a garden.
Miller
 
  1  
Reply Sun 26 Sep, 2010 08:51 am
@PUNKEY,
I think the central issues may be the value of property.
0 Replies
 
 

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