Next doors trees damage dads wall

[Arbocop]

Greetings all

 

long time away, just back for a bit as work is crazy bonkers at the mo,

 

The interesting facts is that there seem to be many differing opinions here and that is actually the a reflection of the law. That is nothing that goes to court is ever certain until the judge bangs his gabble.

 

There is some degree of accuracy in comments so far and aslo some of the classic 'wifes tales.

 

My first advise, is talk to the neighbor, tell them tat you fear there tree is causing damage, be polite, be friendly, be open to suggestion, but also be aware you must use this as an opener and also as legal notice. The reason for the softly softly approach, is these people have to live together.

 

next put it politely in righting and ask them if they will take action. Tresspass is a missnoma, the common law tort is one of nuiseseness, a special kind, founded on the principals of Ryland v fletch and many others.

 

in a nut shell anything that passess overthe boundary there is a liability for but there are defenses one of wich is foreseeability hence the need for notice.

 

the reason for the polite bit it various reforms and advise hat lead to a mediation rought before a prosecution route.

 

check the content of the insurance policy to find if it covers the fence/wall, if it does notify the insurance, if not dont, it will cost money for nothing.

 

and then this is a thing for an experienced and qualified consultant, not a well meaning tree surgeon, and a legal party too, this will clearly cost a lot of money, so we come back to trying to settle nicely first, conpromise is king.

 

as for who is best, re critisizum of under qualified person, there are also cases were over qualifed people haev made a pigs ear of it trying to be clever, a court after all just needs facts and info, not flannel and people trying to be cleaver.

 

if you have never been to court it is not a nice place to be and very exoencive, both parties always loose, the only winners are the legal team try al lyou can to stay away from there

 

cheers

 

arbocop

[felixthelogchopper]

Ryland v Fletcher is really more concerned with the import onto your property of something hazardous, stating that if you know something is dangerous then you are responsible for its escape, no matter what precautions you take. It should be read in association with Cambridge Water Co v Eastern Counties Leather. A more appropriate case would be Leakey v National Trust

Edited June 13, 2010 by felixthelogchopper
Extra info

[Joy Yeomans]

what about the famous tree versus chainsaw - i think chainsaw wins

[felixthelogchopper]

what about the famous tree versus chainsaw - i think chainsaw wins

 

What about the Clash?

 

 

 

 

 

 

 

 

I fought the law and the law won

[Joy Yeomans]

What about the Clash?

 

 

 

 

 

 

 

 

I fought the law and the law won

 

[Amelanchier]

What about the Clash?

 

 

 

 

 

 

 

 

I fought the law and the law won

 

I remember humming dragging-brash-in-the-hot-sun or I-need-a-rake-but-we-have-none... But of course, in my version I fought the tree and my boss won.