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Re: trees and drainage

Subject: Re: trees and drainage
From: Julian Dunster
Date: Dec 11 2005 18:29:23 
Richard:

Can you expand on which law or aspect of law states this?
What would happen if the drained water from the trench accumulated at one
point and caused a landslump lower down and off site? Wouldn't you then be
subject to what is known as the Leakey test? (Leakey v National Trust) where
it was found that the landowner owning a substance capable of 'escaping'
from his site onto another site and causing forseeable damage, could be held
liable. 


Just curious

jd
----- Original Message -----
From: "Richard Gauld" <richard.gauld@xxxxxxxxxxxx.co.uk> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Sunday, December 11, 2005 4:23 AM
Subject: Re: trees and drainage


landowners by law must accept water from higher ground. its important to put
membrane round the trench so that your aggregate and pipe doesn't silt up.
sink hole might be the answer but don't count on it. Best thing to do as far
as planning is concerned, speak to them they will guide you to where it
should be drained into. I'd also give your client paperwork re.species
selection and in this case why you think the species is not appropriate.
(cover yourself in this claim conscious world)

Hope thats of ude RG
----- Original Message -----
From: <AndrM768@xxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Sunday, December 11, 2005 10:17 AM
Subject: trees and drainage


we have a client who has spent £400 on cupressus and chamaecyparis
cultivars
unfortunately her garden is very boggy and the trees are wholely
inappropriate. Obviously my initial thoughts were take the trees back and
select  a
better species for the site but she is insistent this trees are planted.

so we proposed to put in drainage in the form of a trench filled with a
perforated pipe then pea gravel then top soil, my concern is where the water
is
going to go

is there any legalities in letting water flow onto neighbours property, is
it feasible to connect to mains water and is planning permission required
for
such an operation.

or should i just sit at home and drink stella and eat mince pies

any thoughts on the matter would be greatly appreciated.

Andrew M


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