UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Julian Morris
Date: Jan 12 2020 01:43:18
Is this in Scotland? The case law is English and there is a substantial 
difference between English and Scots law on this. I am currently preparing an 
article on this and based on what you have described I think the law would 
disagree with you on responsibility.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Saturday, January 11, 2020 at 6:56 PM
From: "AV Arboriculture" <mike@xxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Civil cases for nuisance or damage to property

Has anyone ever heard of a civil case involving a tree causing nuisance or 
damage to property actually going to court? And if so, what was the outcome?

I have a client who is being threatened with civil action because her tree 
is causing damage to her fence and slabs. The tree has been there longer 
than the landscaped garden. In my mind, the neighbour should be able to 
predict that any hard landscaping in that area is at risk of being damaged, 
so it it her responsibility?

I would be really surprised if such spurious cases got any court time, 
especially as the courts are severely stretched like every other public 
service.

Mike Charkow



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