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 10:31:23
Potential risk is not risk. The tree owner would be responsible for 
foreseeable damage once the field is developed. There is, however, an 
argument in nuisance if the encroaching tree is preventing reasonable use of 
the land. The plot owner could either remove it to the extent that it 
overhangs or ask for a court to order its removal.

The liability lies with the tree owner. How could it possibly be any other 
way?

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


Sent: Sunday, January 12, 2020 at 8:17 AM
From: "Jerry Ross" <trees@xxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Civil cases for nuisance or damage to property

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



--
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/






--
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/





-- 
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/