Squirrels - Actionable Nuisance??

[Andy Clark]

Does any one know of any cases, either pending or past, that have revolved around squirrel ingress into a neighbouring property via access from a tree?

 

I'm trying to determine if this would constitute an actionable nuisance against the tree owner, but can't find any previous prescedence in law.

 

My instinct/common sense says "no", but would like to be able to back this up with something more concrete.

 

Any ideas???

 

[oslac]

Surely it is the squirrels that are the nuisance, not the tree.

[HCR]

I don't really see how the landowner could be liable in any way, unless it could be shown that he was actively causing the nuisance (eg laying a trail of nuts for the squirrels to follow).

[One Buck]

I had squirrels visiting my loft in a previous house with no trees within 200m.

[Paul Barton]

Suggest installing a large owl-scarecrow in the tree.

[Lyncombe-climber]

Get a .410 and a dray poker !!

[T14EES T14UNK]

I do remember a case where squirrels got in the loft of customers house from an overhanging neighbouring TPO'd tree. Permission was granted to cut back the branches in order to try to stop them getting in. I believe it did work as well.

No idea on any relevant law though.

[woodyguy]

Surely squirrels are wild animals so no one land owner can be responsible for them (unless he was breeding them and releasing etc).

[Andy Clark]

To my thinking, the obligation is with the neighbour to ensure his property is secure, not with the tree owner to ensure squirrels can't use the tree to gain access.

 

But with my legal head on, the thing that is concerning me at the moment, is whether there is the possibility that this could be classified as indirect damage - i.e, the tree plays a part in the equation, it's not actually the one "causing" the damage - in much the same way as subsidence.

 

There is of course the possibility that the squirrel will still get in, even if the tree is pruned/removed, but i'm trying to determine if there would be a case to be had against the tree owner if they refused to carry out works to the tree.

 

That said, I do love the sound of the .410 approach.

[Alinicoll]

I would say squirrels are an inconvenience like falling leaves and honey dew. As far as I understand it indirect damage only relates to subsidence.