UK Tree Care - http://www.oak-wood.co.uk/uktc/
On Fri, 10 Dec 1999 Keiron Hart <khart@xxxxxxxxx.gov.uk> wrote
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)."
But isn't the crucial point here 'allows'? Is the neighbour in this case
in any position to stop it? Alright, he could make an effort to get rid
of most of the stump but how effectively would this control the
Armillaria? Are we not getting into the realms of an uncontrollable
agent and heading back towards the infamous aphid poo debate?
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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Chris Hastie
OakWood Arboricultural Consultancy
http://www.oak-wood.co.uk
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