UKTC Archive

Bill,
You make some interesting and valid comments. If I sued a tree owner for 
damage 
caused by their tree do you think they could sue the person who caused the 
tree 
to become dangerous?

Related but subtly different was there not a case where a council sued a 
utility 
operator for trenching too close to trees that had to be removed as a 
consequence?





-----Original Message-----
From: Luke Steer <luketreescapes@xxxxxxxxxxx.com>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Thu, 15 Mar 2012 8:44
Subject: Re: A QUERY FROM A COLLEAGUE IN R& I

In response to point 1; I would hope so but that's gotta be a Lawyers job to 
decide.

Point 2, the Utility guys have a code of practice; if they've not followed it 
contractual stuff should kick in? If it's a Council tree and the Council have 
damaged it, there's a maxim that says you can't be anuisance to yourself so 
no exemption is available. 

In Sheffield a few years ago, the contractors resurfacing footpaths/sidewalk 
overdosed the sub-base with weedkiller. Numerous hedges and nearby garden 
trees were killed or damaged. The Council paid up, partly to avoid 
embarassment I think and to avoid making people whose hedges had died but not 
realised why, suddenly aware....

Dave Lofthouse's query seemed quite straightforward to me, it soon gets 
complicated though doesn't it?

Bill.




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