UK Tree Care - http://www.oak-wood.co.uk/uktc/
Hi David,
The following is taken from:
J. Harris (1989) Trees & The Law, Arb Ass. pp27
"If however, a neighbour uses a weedkiller which spreads and kills any part
of a tree on the owners side of the boundary then it seems the owner may
have a claim."
Presumably a case could be argued in respect of Armillaria spp.
"An owner is absolutely liable if he allows a dangerous article to escape
from his land (Rylands v Fletcher 1863)."
Don't know of any more recent case law. Pursuing such a line would be
fraught with difficulties, as I am sure you would agree. Interesting concept
though.
Keiron
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