Legally enforce inspection?

[JonnyVine]

Jesse

I feel you have misinterpreted the 1957 act

Under the duty of care, the person or organisation responsible for the tree must take reasonable care to avoid acts or omissions that could reasonably be forseen.

The very fact that the tree has shed parts resulting in damage to a shed is grounds for compensation.

The likelihood that further parts, or even the whole tree will fail is forseeable,

necessitating a detailed inspection of the tree.

I am not a lawyer but I have here some 50-60 kilos of tree related court cases as precedents and copies of most statute documents.

Due to the fact that the neighbour has expressed concerns places a duty of care on the tree owner to make it safe.

The councils failure to act after damage has occurred is also on dodgy ground.

If this tree falls and injures someone arses will sting and it will not be the complaintant

[Andy Clark]

The above are all pretty much correct, but for different reasons.....

The best and easiest way to look at this, is in the exact same way as if it was a car accident - the principle is exactly the same, although is applied under different acts in law.

 

Firstly, photos. And lots of them too! Of the tree, the parts that have fallen, the damage caused.... The whole shooting match. The more the merrier.

 

Secondly, paper trail. Keep copies of any letters or notes that you've sent to the tree owner, keep a diary of what happened and when it happened, when tree owner called you, a brief statement of what you remember as being said and by whom, and the same with the Council too. Copies of letters, transcripts of phonecalls etc.

 

Thirdly, call your insurer. Don't waste time with solicitors. Let your insurers deal with the legal stuff - that's what you pay them for! Depending on your policy excess, they will either employ the relevant professionals for you, to both repair the damage and remove the tree part, or they will ask you to pay for a bit of it up to the value of your excess.

 

If that's the case, then 3 quotes from reputable companies, keeping copies of each plus any correspondance, and keep gathering evidence as you go - more photo's, update the diary, copies of any letters etc.....

 

And don't forget to come back and keep us updated as to the progress and outcome.

 

 

Regards

 

Andy

 

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[JonnyVine]

That last post is what a forum like this should be about!

Proper advice, well written by someone who KNOWS his subject.

Ever increasingly I read posts that are seriously misleading or downright incorrect, lashed together by halfwits that are completely out of their depth.

We have to understand that quite a number of people visit this forum because they have a problem that they would like answers to.

Supplying the wrong info can only set up a wrong path, costing people time and money which is unfair!

[Arctostaphylos uva-ursi]

Jonny.

I agree with the sentiment of your post, but this is a forum and people seeking free advice cannot expect the clarity of advice they would anticipate receiving from a paid service. to coin a phrase "beggars can't be choosers".

I will be interested to see if the op has the courtesy to write an equally erudite post on the action that has been taken and the outcome of any advice followed.

[Andy Clark]

Gents,

 

If I may interject here......

 

I think the important point to remember is "time and place" yeah?

 

Agreed, this is an open forum, published on the web for all of us to have our say, or add our ten penneth to a subject that we feel fit and capable of comment on - and why not? That's certainly why Mr B had the good grace to start the forum in the first place.

 

But (yep, sorry chaps, there's always one!), equally, we are all professionals - not only representing the forum, but also our industry.

 

And as professionals, representing the forum and our industry, let's try and act that way yeah? Fan-flippin-tastic....., if we, as professionals, wanna debate the in's and out's of the various Occupiers Liability Acts, or the Misc Prov act, then let's do so! Dust off your copy of Mynors, or whatever copies of whatever acts and statutes you feel need debating, grab a glass of red/beer (whatever floats your boat) and your fags (or not), and let's get another thread going.

 

But that's not this one was about. It was a member of the public, who had the good grace to actually join the forum and simply ask for advice. Our advice as professionals.

 

I for one have a lot more respect for that, rather than hide behind a "guest" membership and lurk - looking for whatever snippets of out of context info they could get their hands on.

 

If they like the look of your particular advice, then fine, that's up to them. If not, then that's up to them too! Beggers certainly can't be choosers! So stop fighting and let them choose!

 

Now shake hands, make up, and let's all have a beer at the next show.

 

 

 

Sent from my BlackBerry 9700 using Tapatalk

[treesuggs]

Gents,

 

If I may interject here......

 

I think the important point to remember is "time and place" yeah?

 

Agreed, this is an open forum, published on the web for all of us to have our say, or add our ten penneth to a subject that we feel fit and capable of comment on - and why not? That's certainly why Mr B had the good grace to start the forum in the first place.

 

But (yep, sorry chaps, there's always one!), equally, we are all professionals - not only representing the forum, but also our industry.

 

And as professionals, representing the forum and our industry, let's try and act that way yeah? Fan-flippin-tastic....., if we, as professionals, wanna debate the in's and out's of the various Occupiers Liability Acts, or the Misc Prov act, then let's do so! Dust off your copy of Mynors, or whatever copies of whatever acts and statutes you feel need debating, grab a glass of red/beer (whatever floats your boat) and your fags (or not), and let's get another thread going.

 

But that's not this one was about. It was a member of the public, who had the good grace to actually join the forum and simply ask for advice. Our advice as professionals.

 

I for one have a lot more respect for that, rather than hide behind a "guest" membership and lurk - looking for whatever snippets of out of context info they could get their hands on.

 

If they like the look of your particular advice, then fine, that's up to them. If not, then that's up to them too! Beggers certainly can't be choosers! So stop fighting and let them choose!

 

Now shake hands, make up, and let's all have a beer at the next show.

 

 

 

Sent from my BlackBerry 9700 using Tapatalk

 

well said Mr Clarke , but i will never forget the 'log' in the woodchip at the red sign post (we still tip there)

[Andy Clark]

Shame you can't remember that there's no "e" on "Clark" Mr Spencer! Lol.

 

)

 

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[Arctostaphylos uva-ursi]

Hang on a minuet! Who is fighting? Certainly not me. As I have said, I agree with Johnny's sentiment, I was just pointing out that this is an open forum, and as such, people should be able to express their opinions (as long as it falls within forum rules) whether you or I like it or not.

I am sorry if my post came across as abrupt or aggressive, that is certainly not my intention (and I don't feel that it does). Perhaps I should have littered it with emoticons to get my point across without offence. But I think they are overused by many and I don't particularly like using them myself. However, I reserve the right for others to use them as little or often as they wish!

[Andy Clark]

Dude, don't be so defensive.

 

If you note, I mentioned no names, so don't assume you're the one in question.

 

T'was a generic and gentle reminder to all, to respect the thread in question, and save the debating for a time and place more better suited.

 

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[JonnyVine]

I think Iv'e missed something?

Perhaps it was my little rant that upset Andy?

If this realy is an open, democratic forum, then surely the "odd gripe" is not out of order?