UKTC Archive

Tree failure potential assessment study WAS Civil cases for nuisance or damage to property

Subject: Tree failure potential assessment study WAS Civil cases for nuisance or damage to property
From: Wayne Tyson
Date: Jan 11 2020 22:40:04
 Mike Charkow,

Somewhat tongue-in-cheek but (contrarily and seriously), I might suggest
that the construction of the fence and slab might have caused damage and to
the root system and compromised its integrity, possibly compromising the
tree's well-being and shortening the tree's life, not to mention weakening
the tree's ability to support itself constitutionally and physically, as
well as the slab depriving the root system of air and water, thus causing
the root system to favor the part of the soil profile nearest the surface,
i.e., the slab as well as possible or probable damage to the root system by
the digging of fencepost pits, not to mention the installation of
underground facilities such as foundations, utility facilities, etc.

On the other hand, the planting of a large-growing tree in a location close
to a property line by someone who knew or should have known that it would
encroach upon an adjacent property might also be questioned. If the tree
was natural, both owner and neighbor might be guilty (as if there were any
justice for Nature's voiceless) of  compromising the tree's rights to the
quiet enjoyment of its home and sustenance, as well as expectations of
freedom from injury.

I'll be interested to know (and get links to) any cases and judgments. Do
tree's have standing?

Wayne



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/