Trespass and nuisance roots, severance and liability

[Khriss]

  On 04/10/2020 at 15:33, kevinjohnsonmbe said:

Cat C is '...at least 10 years...'

 

The point I'm trying (probably not very well) to make is that even a decaying tree - hell, even a dead tree - still has a massive, often long term, contribution to make.

 

Totally accept that not all dead trees are suitable for retention (and this may well be the case in your scenario) just trying to present a counter argument.

 

At the very least, if you consider as many counter arguments as possible you'll be better prepared if it does end up with formalities.

 

 

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..... But in Laymans terms, that would be.... ?  K

[kevinjohnsonmbe]

  On 04/10/2020 at 18:52, Khriss said:

..... But in Laymans terms, that would be.... ?  K

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I'd have to check my BS..... ?

[daltontrees]

  On 04/10/2020 at 15:33, kevinjohnsonmbe said:

Cat C is '...at least 10 years...'

 

The point I'm trying (probably not very well) to make is that even a decaying tree - hell, even a dead tree - still has a massive, often long term, contribution to make.

 

Totally accept that not all dead trees are suitable for retention (and this may well be the case in your scenario) just trying to present a counter argument.

 

At the very least, if you consider as many counter arguments as possible you'll be better prepared if it does end up with formalities.

 

 

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I very much agree with the last point. And the point I am trying to make about ERC is that life expectancy  means nothing really because a tree can be destroyed to a stump and bounce right back for another 40+ years but for BS5837 I think it's fair to say that it's the visual amenity (contribution) it makes that matters. If we pick though the detailed criteria for the various retention categories there's no room for valuing deadwood and other ecological features unless they are of heritage value.

 

There's no place for risk in BS categorisation. There's a separate thread right there.

[daltontrees]

  On 04/10/2020 at 15:23, kevinjohnsonmbe said:

I've just seen one associated with a recent AIA and I find it a bit of a mind boggler at the moment.  Needs a good examination and a cross reference to 5837 Table 1.  ?

 

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Aye well let us know how you get on with that. Or not. I didn't even know there was a version 1.

[Jon Heuch]

  On 26/09/2020 at 15:05, DanR said:

Is the affected neighbour more at risk for severing the roots or does the tree owner have a responsibility to mitigate the severance irrespective of impact to the tree having been made aware prior?

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The law is not quite so clear cut as Jules has made out; but clarifying the law will depend on what law you are considering. If a nuisance is being caused by a tree root then it is for the tree owner to abate it; if they do nothing, and the affected person has to take matters into their own hands then the procedure outlined by Jules is good practice, nothing more.

 

I have in front of me a barrister's written assessment of the situation (a similar case, where damage arose). Is the law clearcut? No, how any case develops will depend upon the facts of the matter. The liability associated with a tree remains with the tree owner; the liability associated with the cutting of roots remains with those cutting the roots and if contractors/agents or someone else is involved, with the principal too (i.e. the person paying the bill). 

 

Following root severance, if the tree falls over or dies, there may be a case to answer. My typical approach is to seek a quotation for the repair involved (and any other work associated with the nuisance). Send it to the tree owner; give them a bit of time to mull it over, along with the suggestion that a trip to the Small Claims Court is being considered (OK, online submission). 30 days should be enough. Depending on the size of the quotation, you may find the tree disappears of its own accord (provided tree surgeons are available in the time frame).

[Mark J]

  On 04/10/2020 at 15:08, daltontrees said:

Ahh you beat me to it. Apparently Mike Ellison of QTRA fame and nothing but a hammer and some dude with an expensive toybox went head to head predicting the state of decay inside a tree, which was then cut down. I believe MIke Ellison's prediction was as good as the whizz-kid's.

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I was told that he was a piano tuner in a past life.

Can't go wrong with Thor.