UKTC Archive

Re: Tree failure potential assessment study WAS Civil cases for nuisance or damage to property

Subject: Re: Tree failure potential assessment study WAS Civil cases for nuisance or damage to property
From: AV Arboriculture
Date: Jan 13 2020 10:17:00
Wayne, yes you have a point. 
Michael, thanks for the references - to be honest, I just wanted a straw poll 
of people who knew about any UK civil cases being taken seriously by the 
courts.  Nevertheless, it's useful to know about these books.  I am familiar 
with Mynors but I don't remember seeing him reference any case specifically?
Julian, I normally go to there National Library of Scotland in Edinburgh to 
look at Charles's book.

Mike

Regards, 

Mike Charkow 
Principal Arboriculturist 
______________________ 
Arbor Vitae Arboriculture Ltd 

Planning surveys, Tree inspections, Bats in trees inspections, Arboricultural 
consultancy, Soil de-compaction, Root Investigation, Woodland Management. 

[ mailto:info@xxxxxxx.co.uk | info@xxxxxxx.co.uk ] 
[ https://avtree.co.uk/ | www.avtree.co.uk ] 
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Company Registration Number: SC413171

----- Original Message -----
From: "Michael Richardson" <richardsontreecare@xxxxxx.com>
To: "uktc" <uktc@xxxxxx.tree-care.info>
Sent: Saturday, 11 January, 2020 23:15:06
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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