UKTC Archive

RE: advice on tree roots & shoots

Subject: RE: advice on tree roots & shoots
From: Valentine, Philip
Date: Oct 17 2001 15:20:29
Yes that the same situation as here, but there's also case law here that
indicates that a tree belongs to the owner of the land where the stem is
located

-----Original Message-----
From: Dunster [SMTP:jdunster@xxxxxxxx.com]
Sent: 17 October 2001 16:15
To:   UK Tree Care
Subject:      Re: advice on tree roots & shoots

There has been some case law in Canada on this where the judgment declared
that the roots were an "escape" from the tree and therefore could be
considered a :"nuisance" and that led to the original owner being liable
for
his tree roots that trespassed.

Julian Dunster
----- Original Message -----
From: "Valentine, Philip" <Philip.Valentine@xxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxxxxx.co.uk>
Sent: Wednesday, October 17, 2001 6:41 AM
Subject: advice on tree roots & shoots


I would be very grateful if you could help with a query regarding tree
roots.


I have a situation where we have removed a Pop located on land within
our
ownership, however the remaining roots located on the adjacent private
property are now sprouting new shoots.

Question ? who is liable for the new growth, is it ourselves since they
are
part of the root system which we allowed to escape from our property
Or, because they are emerging new plants are they the responsibility of
the
land owner.


 I look forward to hearing anyone who can point me in the direction of
any
previous case law.

Phil Valentine



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______________________________________________________________________
ISA UK&I Chapter AGM and Conference.
Featuring the SSA student tree climbing competition. Moulton College
Northants. 26th & 27th October.
Keynote address Dr David Lonsdale "A Future for Professional Arborists"
Booking forms available through the website or from Jean McDermott at
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More information from http://www.isa-uki.org/pages/Conference%202001.htm
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______________________________________________________________________
ISA UK&I Chapter AGM and Conference.
Featuring the SSA student tree climbing competition. Moulton College
Northants. 26th & 27th October. 
Keynote address Dr David Lonsdale "A Future for Professional Arborists"
Booking forms available through the website or from Jean McDermott at 
the chapter office on Tel. / Fax 0121 XXX XXXX
More information from http://www.isa-uki.org/pages/Conference%202001.htm
______________________________________________________________________

The UK Tree Care mailing list - http://uktc.oak-wood.co.uk/
To unsubscribe send mailto:unsubscribe-uktc@xxxxxxxxx.co.uk
To change your subscription options visit
http://uktc.oak-wood.co.uk/admin/
***************************************************************************
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
The opinions unless explicitly stated may not represent those expressed by
Trafford MBC. If you have received this email in error please notify
postmaster@xxxxxxxxx.gov.uk
***************************************************************************
______________________________________________________________________
ISA UK&I Chapter AGM and Conference.
Featuring the SSA student tree climbing competition. Moulton College
Northants. 26th & 27th October. 
Keynote address Dr David Lonsdale "A Future for Professional Arborists"
Booking forms available through the website or from Jean McDermott at 
the chapter office on Tel. / Fax 0121 XXX XXXX
More information from http://www.isa-uki.org/pages/Conference%202001.htm
______________________________________________________________________

The UK Tree Care mailing list - http://uktc.oak-wood.co.uk/
To unsubscribe send mailto:unsubscribe-uktc@xxxxxxxxx.co.uk
To change your subscription options visit http://uktc.oak-wood.co.uk/admin/