Tree down in neighbour's garden

Re: Tree down in neighbour's garden

Postby Treeman » Fri Jan 16, 2015 8:03 am

Roblewis wrote:Treeman

When the HSE are involved though the tests look far more towards competency, negligence and incompetence of the owner. They are after all looking to secure a criminal conviction and NOT make any judgement on civil liability. In the case of tree owners they have looked very much towards the assumed competency of the owner concerned such that large landowners and other organisations who own trees are presumed to have greater knowledge of the issues than the ordinary man in the street. If it was in your own garden though you personally may be at greater risk :D :D :( :( .

The decided cases are messy in their outcome but like many civil courts judges do seek to ensure somehow that an insured party is left with the bill.!!!!!! If there had been injury or fatality however then the police and the HSE will be looking for potential criminal offences. The problem with HSE offences though is that the ACCUSED has to demonstrate he has done all that is reasonably practicable that a person in his position could reasonably have done.

This thread had become a discussion of the finer points of law and isn't answering the OP's question

Just trying to point out that there may be more than the law of the land when looking at tree inspection regimes. It probably wont be of much help to those that have suffered loss but if the tree owner is a commercial organisation and is a risk to others the HSE would be interested and they do wield quite a big stick.

For the OP

If its your branch you are at least morally obligated to deal with it but if the people who own the land it now occupies are unapproachable get a contractor to sort it with them.

If you leave it where it is and they do chuck it back there isn't a lot you can do about that without resorting to a private legal action which would prevent a re occurrence and since the branch would then be gone it would be a moot point.
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