Tree root questions

[Kevcal]

That's great I am sure the trees are owned my the company as they own the building and land. I have let them know and they are checking with the Tarmac guys to see if they have put a app in.

[Chris at eden]

A quick bit googling suggests that the reason you can't claim nuisance from your own property is that it is part of the law of tort, which by its nature requires a claimant and defendant. Thanks for putting me straight Chris!

 

 

Hi Paul,

 

Yes that would be my view also. The words actionable suggest that someone is taking action and that must be against someone else so therefore two parties. Whether you could consider the taking of action against the LPA should they refuse is another consideration but i doubt this would count as its based on them refusing an application so it becomes a bit contradictory.

 

More to the point though, its discussed in Charles Mynors book under the heading of to prevent or abate a nuisance. Page 462 of the 2002 version. I dont have the new one as i am too much of a tight wad to buy it but i'm not aware that its changed. To be fair though he doesn't seem 100% sure.

 

I also saw a PINS appeal decision recently where the applicant wanted to fell a tree as it was damaging his own wall. The LPA refused and when it went to the PINS they upheld the decision. I think this adds weight to the assumption.

 

Hope this help,

 

Cheers,

[Chris at eden]

The tree can't be a nuisance to its owner. However, if an application was made and refused compensation might be payable by the Council if some loss occurs.

 

Ed

 

Yes I agree, especially now all the a5 certs have gone.

[daltontrees]

The tree can't be a nuisance to its owner. However, if an application was made and refused compensation might be payable by the Council if some loss occurs.

 

Ed

 

Exactly!

 

Nuisance and the exemption for abating nuisance is legal nuisance, not ordinary language nuisance. Wasps are an ordinary language nuisance, encroacment of roots is a legal nuisance. If you want to remove roots of your own tree on your own land, you cannot use the exemption. If you apply and it is refused, you can only claim compensation for actual dmage occurring after the refusal that was foreseeable at the time of refusal. So of the surface was damaged before applying, you're on to plums.

 

See Perrin v Northants if you want to see it done to death. But no other authority is needed than the plain wording of the Act and Regulations.

[AA Teccie (Paul)]

All, some excellent posts here containing great information.

 

Thank you all

Paul

[Kevcal]

Turned out they did not check if the trees where tpo and were just going to start digging. Works been put to a holt until the app goes through.

 

Thanks for the feed back and all the info you guys have given.

[Andy Clark]

Just a couple of extra pointers that might help......

 

Don't forget that you are only allowed to take the relevant steps to reasonably abate the nuisance/problem - I.e aim to remove/prune only those roots that are ACTUALLY causing the damage. If you start trenching 3m deep through the root plate when just a bit of sensitive removal of 3 or 4 roots would have solved the problem, then someone in the LPA is likely to get the hump.

 

And try and put some form of method statement in place to define how the works will be done. In an ideal world, quote NJUG and try and ensure that the guidance is strictly followed. I.e, all works done with hand tools, cut end covered with hessian, arb officer called to observe the works if major roots (above 25 mm dia) are found and due to be cut.

 

It all goes to add favour by showing you intend to do the job properly and professionally.

[arboriculturist]

I would suggest in the 1st instance you determine if the root/s is/are dead alive.

 

If alive then why not use current practice - air spade to remove soil from area required, which may allow adjustment of existing root positions and reinstate the growing medium according to the relevant BS's.

 

Keep those roots covered and damp at all costs, at all stages of the operation as far as is practicable.

[Paul Barton]

So....can someone take action to abate a nuisance caused by the roots of a boundary (TPO'd) tree , i.e. a tree jointly owned by the person suffering the nuisance and a neighbour?

[Paul Barton]

Anyone?