UK Tree Care - http://www.oak-wood.co.uk/uktc/
It is my understanding that, as in the case of leaves and such,
that the tree owner has no control and once they've left the
tree are deemed to be at the mercy of god. The owner has no
control over a wild autonomous thing such as a decay fungi.
He obviously also had no desire to be inflicted by this fungi.
We have very little control over these organisms and accept
them as part of life. This is unlike parts of a tree which can
become dangerous from the decay organisms, where he has
a duty to monitor and control them. The duty is clearly on
the ability to control things which are or may become
dangerous, as in his tree which is affected by the fungi.
The act of allowing weed killer to disperse is in his control
as he initiated it. Very fine lines here but it is a case of
snatching at the finer points of law and trying to manipulate
them to suit ones own needs. This is not acceptable.
Ron
----- Original Message -----
From: Chris Hastie <c.hastie@xxxxxxxxx.co.uk>
To: <uktc@xxxxxxxxx.co.uk>
Sent: Friday, December 10, 1999 8:42 PM
Subject: Re: Armillaria -Reply
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
______________________________________________________________________
To unsubscribe, write to uktc-unsubscribe@xxxxxxxx.com
______________________________________________________________________
Sears Gift Cards now available online!
Need a gift idea? Purchase the easy-to-use gift certificate redeemable at
any
Sears store nationwide. Buy a Gift Card today at
http://www.listbot.com/links/se
ars3 and shipping and handling is free!
--
Chris Hastie
OakWood Arboricultural Consultancy
http://www.oak-wood.co.uk
______________________________________________________________________
To unsubscribe, write to uktc-unsubscribe@xxxxxxxx.com
______________________________________________________________________
Great price! The Toshiba Satellite 2100CDS is one of CDW.com's most
popular mobile computing solutions. At just 6.2 pounds, this 400MHz notebook
computer is a fantastic bargain at only $1199.85. <<Click here OR Follow the
link below>> for a full list of features.
http://www.listbot.com/links/cdw
______________________________________________________________________
To unsubscribe, write to uktc-unsubscribe@xxxxxxxx.com
______________________________________________________________________
Enter to win the Kenmore Elite dream kitchen sweepstakes only at sears.com!
Win a new refrigerator, stove, dishwasher and $10,000 for remodeling. Hurry,
sweepstakes ends December 30, 1999. Click to enter
http://www.listbot.com/links/sears4. See site for official rules.
