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: Alastair Durkin
Date: Jan 14 2020 13:45:21
No insurance company can force you to remove a tree on your own land Sean. Or 
force a Council to allow the removal of a TPO tree. Of course the alternative 
may be to pay the difference, and if you can prove in court that it was the 
fault of the housebuilder that the house was damaged then crack on 😊. It's 
all arguable if one has the nerve and the money - it's just that most don't. 

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Harrison, Sean
Sent: 14 January 2020 12:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Tree failure potential assessment study WAS Civil 
cases for nuisance or damage to property

Thanks Jim,
It's not the wording, more the principle; the vibe of the thing.
If I had a goat it would've been got a long time ago by the, seeming, 
impunity with which insurance companies can have old trees removed.
I'm not so naïve as to not realise that £'s speak volumes but sometimes one 
just has to make a stand against extreme penny-pinching to retain something 
that has immeasurable benefits.
In some cases, the tree pre-existed the building; therefore the building is 
impacting upon the tree not the other way 'round.

Having said all that, I get your point Jim and I know that it is extremely 
difficult to take on and beat the likes of the Pru.
I just like the idea of it. It reminds me of the old Billy Connolly film, The 
Man Who Sued God.

Sean

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 14 January 2020 12:50
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Tree failure potential assessment study WAS Civil 
cases for nuisance or damage to property

Hi Sean,
I would be very cautious about using text like this in any form of generic 
basis.  
It reads a little like an examination answer (no offence meant Wayne) and the 
wonder is that the tree has survived!!
Always - but always - pronounce in site-specific terms.
Subs comes down to law and money, and this sort of situation alluded to would 
be answered by insurers quite simply - you want underpinning, you pay for it.
I am now being generic! but emotion and law do not mix.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Harrison, Sean
Sent: 14 January 2020 12:33
To: UK Tree Care
Subject: RE: [EXTERNAL] Tree failure potential assessment study WAS Civil 
cases for nuisance or damage to property

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

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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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