UKTC Archive

Civil cases for nuisance or damage to property

Subject: Civil cases for nuisance or damage to property
From: Jerry Ross
Date: Jan 12 2020 07:59:39
You say "Rylands has long been discredited in Scotland in a case where the judge said it was 'a heresy that ought to be extirpated'. We have a fairer system than English law." I suspect both systems have their unfairnesses, but Mynors says (in relation to English law) that it seems that "the principle in Rylands & Fletcher has no continuing relevance to cases involving trees and hedges"
Although as he also says, it continues to be cited.


(BTW, the 'Rylands principle' is that "the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape")


From my mobile

On 12 January 2020 01:57:53 "Julian Morris" <jamorris@xxxxx.com> wrote:

Michael, see my message to Mike about Scots law (Mike's business is based in Scotland). But Mynors 2nd edition has a fresh section on scots tree law. I don't yet know anyone that has bought a copy, it's £230. I have looked at canadian case on encroachment and they seem persuasive to me but it would be for a scottish court to decide whether it needs to look outside Scotland.

Tree law classes start with Ryland v Fletcher on liability for damage, but to illustrate how Scots law differs from English law, Rylands has long been discredited in Scotland in a case where the judge said it was 'a heresy that ought to be extirpated'. We have a fairer system than English law.

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


Sent: Saturday, January 11, 2020 at 11:15 PM
From: "Michael Richardson" <richardsontreecare@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Tree failure potential assessment study WAS Civil cases for nuisance or damage to property

There are multiple books on tree cases and the law

Trees and Law in Canada by Julian Dunster
*Tree Law Cases in the USA*, Second Edition by Lew Bloch
Understanding Tree Law: A Handbook for Practioners

Law of Trees, Forests and Hedges by Mynors


Michael Richardson B.Sc.F., BCMA
Ontario MTCU Qualified Arborist
Richardson Tree Care
Richardsontreecare.ca
613-475-2877
800-769-9183

<http://www.richardsontreecare.ca/images/Tree_Doc_logo_email.png>


On Sat, Jan 11, 2020 at 5:40 PM Wayne Tyson <wt750mv@xxxxxx.com> wrote:

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



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The UKTC is supported by Bosky Trees arboricultural consultancy
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