UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Charles Bennett
Date: Jan 12 2020 07:04:26
Lots of times. The outcome is dependent on the merits of the individual
case.

I may have read your post wrong, but why would your client take herself to
court. The tree can't be a nuisance in law to its owner.


On Sat, 11 Jan 2020, 20:56 AV Arboriculture, <mike@xxxxxxx.co.uk> wrote:

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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