UKTC Archive

Re: Problem stump

Subject: Re: Problem stump
From: John Booth
Date: May 28 2020 15:43:39
I guess only god knows!!

Regards,

J A Booth MBA, MSc, FRICS, FICFor, RCArborA, CUEW, CEnv, DipArb(RFS), 
FArborA, NDArb, LCGI(Hort)
Chartered Surveyor, Chartered Arboriculturist, Chartered Environmentalist & 
Certificated Expert Witness

On 28 May 2020, at 16:37, Julian Morris <jamorris@xxxxx.com> wrote:

Jim, roots are specifically excluded from the Antisocial Behaviour Act. 
But the roots are an encroachment an an abateable nuisance. That's probably 
why they don't need to be covered by the Act.

Wayne, Scotland and England have separate legal systems, the former derived 
from Roman civil law and the latter from medieval common law, but they 
reach approximately the same position, that of neighbourliness. Neither 
rely on God. If you unbalance your neighbour's tree, don't warn your 
neighbour and should ahve foreseen it would harm your neighbour, a Scottish 
court will have you the same way an English court will. As will an Irish 
court. See Lagan Navigation v Lambeg Bleaching "where there are two ways of 
abating a nuisance, the less mischievous is to be followed".

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


Sent: Thursday, May 28, 2020 at 3:57 PM
From: "Jim Quaife" <jq@xxxxxxxxxxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: RE: Problem stump

Julian,
The English Anti-social Behaviour Act 2003 only deals with shading and no 
other effect of that shading or the hedge itself.  It is not unusual for 
the soil-parching effect of a cypress hedge to adversely affect a 
complainant's plants/lawn in the immediate vicinity, but that is not a 
material consideration.

Wayne,
Abating a nuisance caused by a neighbour's tree in the UK requires the 
dual considerations of reasonableness and foreseeability.  God doesn't 
come into it.  If the illustratively melodramatic outcome you posed 
occurred, those two criteria would be the focus of an English court.

Jim


-----Original Message-----




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