The Scots Campaign | The N. Irish Campaign
Insurance and Subsidence |
DNA fingerprinting for Tree Roots |
The Situation in Europe
Solicitors | Health Implications of Problem Hedges | Legal definition of a hedge
Notes on damage or potential damage by tree roots
Reclaiming cost of 'cutting back' through the Small Claims Court.
Our Scottish organisers are organising a separate campaign in Scotland as the Law, which we hope is soon to be passed in Westminster, will apply only to England and Wales.
We now have a separate website dedicated to the Scots campaign. Scothedge
Contact details for our Scottish organisers are available on the 'Scothedge' website.
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Index pages The new legislation will not apply in N. Ireland, and from what we have heard the Assembly has no plans to legislate, because it has not been made aware that there is a problem.
It is very much up to Irish Hedge Victims to let their MPs know about their problems and to lobby their MPs by letter, telephone and surgery-visit. It is up to them to tell their local newspapers, radio and TV stations that they have very severe problems and they need a fair Law. Give the Media the website number. *
We have just been told that officials are currently contacting local authorities in Northern Ireland regarding the need for high hedge legislation, May 03. Irish hedge-victims would be well advised to contact their councils,
Sheila, our N Ireland local organiser
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Index pages Remember, some MPs do not seem to look at their emails.
Fax Your Mp: http://www.faxyourmp.com.
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Insurance, Subsidence Risks and Insurers Warning Letters July 2002
Another Hedgeline member has recently succeeded in getting his property insurance company to write to his neighbours twice over possible subsidence risks from an overgrown hedge. The insurers gave the neighbour a formal written warning over potential liability for any damage and requested action to reduce the hedge height forthwith. In a second letter some weeks later, the warning was strongly repeated with the additional comment that the neighbour's continued inaction might prejudice his own insurance position should a claim be made against him.
Any member with a high hedge very close to their house might be advised to write to their insurers giving full details (hedge type, proximity, length and height with photographs if possible) and request a formal warning letter over liability for any damage caused. Members should refer their insurers to the October 2001 House of Lords Judgement (UKHL55) concerning the case of Delaware Mansions Limited and Others V Lord Mayor and Citizens of The City of Westminster (for more details and background on the legal issues cf link below). Issuing formal written warnings over liability can protect the legal interests of hedge victim and insurer should damage occur. Hedge owners receiving such letters may decide that it's time to change their attitudes or risk making themselves personally liable for any damage caused.
Westminster Council Successfully sued for Root Damage January 2002
I would like to hear from any member who manages to persuade their insurance company to write a warning letter. We would like to have a list of helpful insurers.
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Trees and shrubs are responsible for 60% of subsidence claims. Trees suspected of causing subsidence to buildings can now be identified by DNA fingerprinting of their roots. This is a much more sensitive test than the standard microscopy procedure, but costs three times as much - £150 per case. Even with this advanced form of testing there are still limitations. The test will not discriminate between clones (i.e. vegetatively propogated plants such as leylandii).1
1 We are indebted for this information to the magazine of the tree Council, 'Treenews , Autumn/Winter 2002'.
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Belgium, Holland, Switzerland, and France have all found it necessary to have hedge-nuisance control legislation , and most German states have recently brought in legislation,
France may not be applying the law in quite the same spirit as it did in 1881, when it was set up, but it still has the law there to deter most real hedge nuisance and it is enforced when really necessary. It seems reasonable to suppose that from this that, if laws were passed in this country, enforcements would be necessary at first but the situation would settle down as it has there.
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Index pages We have had a number of requests for lists of the names of solicitors who are good at dealing with the issues which concern us. We are not in a position to provide such a list and as an organisation we would not wish to. Our advice is as follows -
We were reliably convinced of these effects at the time of posting but if you need medical evidence for any of these effects we are afraid that you will need to search (engine) it out yourself. We did not have much luck in persuading the Government that these were adequate reasons for law change.
There are also other, less-frequent effects
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The definition of a hedge for the purposes of the '2003 Hedge Bill' is
For more detail see Notes on the Content of the High Hedges Legislation
A legal definition of a hedge was established during Michael Jones' five year Court Case in the 1990s. (Stanton v. Jones
B'ham County Court - no 9177276). There was no such definition previously in English Law.
A number of woody plants , whether capable of growing into trees or not, which are so planted as to be intended to be in line and which, when mature, to be so integrated together as to form a screen or a barrier.
NB. It is a definition which exists in common law but it is does not form a general precident, since special conditions pertained in the Jones v. Stanton Case. Michael Jones won the case only because of there is a covenant, making all hedges on the Bourneville Estate party hedges.
Media coverage is still very valuable. We are not absolutely sure until the Bill is on the statute books. Local TV, Radio, and Newspapers have our news releases. Our latest News Releases for the Media
JOIN OUR LOBBY GROUP
We are a lobby group and we rely on our members' contacting their MPs. We may need the power of numbers again as the new Law beds in.
PUBLICITY
ORGANISERS NEEDED
Email - Clare Please make clear what you are willing to do and give necessary details. Please do not use this link unless you are willing actively to help Hedgeline or to be on our webpage Media contacts list.
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MPs email addresses - House of Commons Information
http://www.parliament.uk/commons/lib/almsad.htm ( Westminster MPs only )
Welsh Assembly Tel: 029 2082 5111
Fax Your MP: http://www.faxyourmp.com.
(MPs and AMs)
It is best to consult the above sites but you could try the formula, 'Surname joined with first letter of Christian name, then '@Parliament.uk' as in 'Bloggsj@Parliament.uk'. This was the recommended formula for MPs' email addresses.
- Faxyourmp.co.uk was created by a group of unpaid volunteers in November 2000 when they saw the potential the Internet had for helping ordinary members of the public to contact their MP. Send them your letter and they'll fax it to your MP even if you don't know who he or she is. Lobbying your MP is an effective way to get things done. MPs do listen to what their constituents have to say.
- To use the faxyourmp.com Web site all you need to do is to type in www.faxyourmp.co.uk The homepage there asks you to enter your postcode.
Your MPs details will appear. You then have to enter your name, address, phone number and a valid email address before you can compose your letter.
- Once you have finished click Preview button, then the Continue button. You will be sent an email (immediately), which confirms your message is genuine, and your email, now in fax form, will be sent.
There are as yet unconfirmed rumours that Spain and Italy are bringing in measures.
From letters to Embassies and from talking to Dutch and Belgian nationals it has been established that the local authorities administer the relevant laws in these countries, and that these laws are sufficient deterrent and the problem rarely occurs.
The most common effects on health seem to fall into three main categories.
a line of two or more evergreen or semi-evergreen trees or shrubs
Let us know if you are willing to speak to the Media about your problem. We will need a telephone number and nearest town if we are to include your name on our web list of victims who are willing to speak to the Media. See below for email contract.
Nothing but first name, town and tel. number need go on this site. (check - Media contacts webpage)
We need Leaders for small local groups especially in the Anglia region, the South Central Region and the North East Region. It is at at the regional level that we can make relationships with councils and local newspapers and give support with individual problems. Please join our team.
We divide the U.K. into post-code areas, and there are many of these with a thiving membership, but in need of a leader and organiser.
We cannot provide individual case support via this email address. If you need this please join.us We have local people to give support.
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