UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Jerry Ross
Date: Jan 12 2020 08:17:21
Here's another instance: a tree on a boundary leans strongly out over adjoining land and there is some evidence of instability (it's a 3 stemmed False Acacia and the basal fork looks a somewhat iffy) However the land in question is a field and is essentially unoccupied, so risk of harm is negligible. But consent has been granted for a dwelling 8m away, directly opposite the tree. The risk level is thereby raised, probably to an unacceptable level, solely as a result of the introduction of a permanent 'target'.
Where does liability lie?

(The tree owner wishes to keep the tree. However, if forced to remove it, the costs would be significantly greater as a result of the new development next door)


From my mobile

On 11 January 2020 18:56:41 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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