Rights to Abate a Nuisance

[Arb-Aero]

If tree work is carried out under right to abate a nuisance and the tree is left unstable who is liable!

 

If the one side of the crown is removed and one side of the roots are removed back to the boundary?

 

1. As long as the arborist has informed the owner of the actions, is it the owners responsibility to remedy the issue?

 

2. Is the Arborist or Nieghbour liable for for the trees safety, after removal of the nuisance?

 

3. What if the Nieghbour does not give permission for the arborist to venture on there land (ie, the tree!) to make it safe. leaving the tree unstable! is the Arborist/neighbour responsible/liable for the tree following the works and therefor offering to balance the tree following the nuisance pruning?

 

Thank you for your time.

 

Edited November 21, 2022 by Arb-Aero

[Jon Heuch]

You are!

It's a difficult question to answer without a full knowledge of the situation. Whoever has actioned the work and whoever undertakes the work has a duty of care to whoever may be affected by the unstable tree. If that's a member of the public, so be it.

 

If the people undertaking the work know (for sure or even on the balance of probabilities) that the work they are undertaking will lead to a dangerous situation (i.e. the instability of the tree) they will remain liable or could remain liable. If the tree owner is told of the situation and fails to act then they could become liable. However, if an accident occurs it would be for the affected party to prove their case and that would depend upon what evidence was available. The fact that the tree owner may be "liable" does not negate the liability of the contractor who has undertaken the work or the person who has initiated the work but it will all depend upon the facts of the case.

 

Simple message: if you know you are creating a liability, don't do it! Or at the very least point out in writing your reluctance to undertake the work and point out what remedial work is required, even if you are unable to do this work.

[daltontrees]

4 hours ago, Arb-Aero said:

If tree work is carried out under right to abate a nuisance and the tree is left unstable who is liable!

 

If the one side of the crown is removed and one side of the roots are removed back to the boundary?

 

1. As long as the arborist has informed the owner of the actions, is it the owners responsibility to remedy the issue?

 

2. Is the Arborist or Nieghbour liable for for the trees safety, after removal of the nuisance?

 

3. What if the Nieghbour does not give permission for the arborist to venture on there land (ie, the tree!) to make it safe. leaving the tree unstable! is the Arborist/neighbour responsible/liable for the tree following the works and therefor offering to balance the tree following the nuisance pruning?

 

Thank you for your time.

 

If you have been diligent and exercised the right of abatement reasonably and without malice and given the tree owner fair notice of the likely resultant unstable condition, the law is on your side. Notice in writing!

Offering to 'balance' the tree, however well intended, is asking for additional trouble. I'd advise not to get involved on both sides.

Anyone that conmes out with stuff about Criminal Damage Act obviously hasn't read the Act.