Aphid honeydew nuisance

[Willowboy]

Last year was a good year for broadleaf aphids in northeast Scotland, and as a LA TO I've had alot of negative feedback from members of the public regarding secretions messing up cars, patios, shrubs etc. One chap in particular is adopting a barrack room lawyer approach, shouting loudly about actionable nuisance, and demanding that we remove a couple of 85 year old limes from the pavement outside his house, part of an avenue of limes in a CA.

Obviously, that aint gonna happen, it's not in policy, any more than removing trees because of bird poop or leaf litter, but I'd be interested to hear if anyone knows if damage from honeydew has ever been tested in court.

[Mick Dempsey]

@daltontrees is your man.

[Paddy1000111]

No idea legally but honeydew doesn't actually cause any damage so I don't see what he can push on that? Bird poo can acid etch paint and spread disease but honeydew is honeydew. Suggest he buys a car cover or a house that doesn't have massive trees outside. You wouldn't buy a house that backs onto a railway track then try to get the trains re-routed. Why buy a house with mature trees that are protected and then ask for them to be chopped 🤦🏼

Edited January 21, 2021 by Paddy1000111

[Willowboy]

Absolutely Paddy, he's an entitled posher.  The only actual damage could be to plants and shrubs, that don't do so well covered in sooty mould.

[Khriss]

@Paddy1000111 course you do!  Cos Rail have pots of money and will do what ever some swivel eyed Daily Mail reader demands of them 😊  K

 

 

@Willowboy tell the bloke to move to Mars,  they dont have trees there and the parking is easier  😉  K

[Paddy1000111]

Are you able to look at a programme of releasing ladybugs? At least it would deal with the aphids in a natural way to shut him up and might be a good little green project that the LA can post about in various places and make the environmentalists happy. You could say that local residents have been requesting to have beautiful mature trees removed because their cars were getting dirty and you found a natural solution to retain trees and improve biodiversity or something 😂

 

Thinking about it you could even team up with a local school and make it a project. Get them to put out some 30cmx30cm squares for a couple of days under the trees and count the droppings then release ladybugs for a few weeks and re-monitor or something. You could become very popular with everyone involved 

Edited January 22, 2021 by Paddy1000111

[Khriss]

@Paddy1000111 yr a very lovely man , however taking action on it can be construed as admitting liability. Yr man there now knows if he parks his car under Limes in Summer, his car gets dirty -  his choice. If i jump off a cliff after watching my mate do it and breaking his legs..... 

[Paddy1000111]

I guess so but he wouldn't be able to charge the council for the issue regardless so trying to help one of the members of your local area and indirectly calling him out in a post about your amazing green-doings on social media shouldn't be an issue? The problem isn't the protected tree but the wildlife that inhabits it, that's not the councils problem regardless to if they offer a solution. 

 

I was actually thinking you could use lacewing larvae instead as if I remember correctly they also eat honeydew as adults. It would make a very good school project. The larvae is cheap too >£30. Could get the students to monitor honeydew numbers and make little lacewing hotels etc. The green credits, educational value etc would be off the charts. 

[daltontrees]

15 hours ago, Willowboy said:

Last year was a good year for broadleaf aphids in northeast Scotland, and as a LA TO I've had alot of negative feedback from members of the public regarding secretions messing up cars, patios, shrubs etc. One chap in particular is adopting a barrack room lawyer approach, shouting loudly about actionable nuisance, and demanding that we remove a couple of 85 year old limes from the pavement outside his house, part of an avenue of limes in a CA.

Obviously, that aint gonna happen, it's not in policy, any more than removing trees because of bird poop or leaf litter, but I'd be interested to hear if anyone knows if damage from honeydew has ever been tested in court.

I would indeed class this alongside bird poo and leaf fall. And Chalara and Phytophtora, And squirrels. Having the trees might inevitably result in inconvenience to, or even harm to adjacent property but it can't be controlled by the tree owner and removing the tree would be a disproportionate response that the law would not expect of anyone. However, aphids could contribute to nuisance from encroaching branches and I can see it being mentioned in an action.  I would expect a court to dismiss it as de minimis if it was the only reason for the action. And after all, in a slight breeze these effects can cross a property boundary, so honeydew can affect a neighbour without any encroachment. I haven't seen  relevant case in scots law but there are the same principles in english common law and commonwealth law where pests and the like are seen as wild things of nature over which no-one has control and for which no-one (generally) has responsibility.  

[rosscoyorks]

Mynors 5.6.3 page 135
R v Test Valley BC