UKTC Archive

RE: [EXTERNAL] Tree failure potential assessment study WAS Civil cases for nuisance or damage to property

Subject: RE: [EXTERNAL] Tree failure potential assessment study WAS Civil cases for nuisance or damage to property
From: Harrison, Sean
Date: Jan 14 2020 12:33:51
Nice one Wayne;
I shall use that next time an insurance company wants a 200 year old tree 
removed because roots are damaging the foundations of a 70 year old house.
Sean



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Wayne Tyson
Sent: 11 January 2020 22:40
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Tree failure potential assessment study WAS Civil cases 
for nuisance or damage to property

Warning: email from outside of MVDC - if in any doubt do not open links or 
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 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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