UKTC Archive

Re: Dead Oak Tree

Subject: Re: Dead Oak Tree
From: Tahir Sharif
Date: Jul 23 2020 09:39:52

I am the owner. I will try a nudge test with the telehandler and prune any limbs that could potentially fall onto the road. There are many long dead oak trees locally that haven't killed anyone but I'm concerned as this is on a public footpath. It's limbs that I'm worried about really as I'm pretty certain that if it falls it'll fall across the stream into the field behind.


On 22/07/2020 21:48, Wayne Tyson wrote:
I no not what y'all would do in the UK, but here in the US, I would send
the owner a certified (notarized?) letter advising that the tree is a
potential hazard to life, limb, and property. I believe the legal eagles
here call that "actual notice." The owner may already be under
"constructive" notice, but I ain't no lawyer . . . If the owner does not
abate the nuisance, his/her legal position might be different. If I were
the owner, I would grant a "life of the tree" right-of-way to those wishing
to preserve the tree, and let them decide the best course of action, after
expressing a willingness to abate--that might shift the liability, but I
don't really *know*.

No one can predict *when* a tree is going to lose a branch or fall, but it
should be the job of the tree professional to opine regarding the fact that
limbs and trees *do* eventually fall. The degree of relative "risk" that
any such failure(s) might do damage to persons or property is an exercise
of voodoo that I eschew.


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