Burnt Tree

[Core]

Hey everyone,

 

I live up near Sheffield and I've got a neighbour who owns a bit of farm land. I had a few fencing panels wanted burning from my garden and I asked if I could burn it in the field. Anyway he gave me permission to do it. In hindsight I should have realised it was a bit too dry and windy on the day and basically a few embers must have blown over and sparked in a hollow part of the tree near its base. I did put it out quite quickly but it did burn the bark on one side of the tree about a metre up which was very unfortunate.

 

It is easy to say in hindsight even though I thought it was far enough away and genuinly didn't realise how strong the wind was. I did inform the owner and upon inspection they told me that I'd killed the tree. I was a bit suprised to hear this. I'm not a tree expert but having see an old ash tree struck and burnt by lightening 20 years ago, I know that tree is still there and going strong. But fast forward 6 months to spring and the tree has come out in green leaf and obviously aside from the black mark on one side of the base of the tree you wouldn't think there's anything wrong with it.

 

Anyway the owner has now said he wants £10,000 for the damage i've caused to the tree. Now I'm not throwing my arms up in the air and absolving myself from responsibility in this case but I just wanted people's thoughts on that figure. I mean obviously it wasn't a deliberate act and at least for the moment the tree seems to be in good health. But without really having any idea to a value of a tree I think I'm just enquiring as to what people would value the tree at and whether you can ask for such a sum of money if a tree hasn't been damaged beyond repair. 

 

I appreciate any feedback.

[Squaredy]

Some people will do anything to try and con someone out of money.  I suggest you take plenty of photos of the tree now (if you have not already) in case it suddenly suffers further mysterious damage which you could get the blame for.

 

I also suggest you ask him to put in writing to you how exactly he believes you have caused a tree £10,000 worth of damage.  I hardly think you are the first person to accidentally damage a tree, and it seems unlikely to me that every tree that gets a little scrape from a passing car or whatever results in large damage claims. 

 

I think the tree owner has been watching too much american TV.

Edited June 14, 2023 by Squaredy

[Steve Bullman]

Chancer 

[Muddy42]

Im not a lawyer but:

 

In a strict sense, all bonfires will cause a degree of damage and impact to a field - burnt grass, burnt soil leaving a heap of ash behind.

 

All bonfiring activity comes with a degree of risk that the fire will spread or throw off sparks.

 

You were given permission, you supervised the fire, you put the escaped fire out as soon as possible - you cant be seen as negligent or criminal.

 

in terms of economic loss, the owner still has a live tree. I struggle to see where the owner has suffered financial loss? Indeed the damage sounds pretty similar to what could happen naturally from a lightening strike.

[Mark Bolam]

 

[firewoodguy]

wow hes going to sue you take you to cort for dammaging his tree

[daltontrees]

He would have to show that the tree is permanently damaged, that it was a result of what you did rather than other factors such as the existing hollowing, and he'd have to quantify and substantiate the financial loss. He has a long way to go, by the sound of it. Say nothing in writing and only 'I'm sorry' verbally.

[john87]

Just ignore the halfwit. Let them try to sue you, see how far they get. They gave you permission thereby consenting to the risk that harm might be caused.

 

Let them prove they have suffered loss.

 

or...

 

At the end of the day, they are being funny with you, they obviously do not care a shit about you. You do the same, deny all knowledge, see how far they get then..

 

john..

[daltontrees]

36 minutes ago, john87 said:

Just ignore the halfwit. Let them try to sue you, see how far they get. They gave you permission thereby consenting to the risk that harm might be caused.

"They gave you permission thereby consenting to the risk that harm might be caused." No, that is not a sound legal point.