THE TRENCH, THE TREE AND THE TROUBLE

The tree in July 2004 - its last leaves. [Photo: Archie Miles]

I came home one day about 9 years ago to find contractors from one of the larger national electricity providers busily trenching immediately beneath a large 120 year old ash tree in our hedge, at the corner of our garden, in order to lay a new supply to a house being built across the lane.

The bloke in the trench gave me a blank look & simply indicated that the straightest line from the existing pole to the new house ran directly underneath the tree, which was why his trench was about two feet from the base of it. I could see all the substantial roots that he'd cut through. I was furious. He didn't seem concerned.

We waited and, for a few years the tree seemed okay. Then, about 5 years ago the foliage began to look rather thin and weedy. This condition became progressively worse each year until last year there was no foliage at all - the tree was effectively dead. With a dead tree in our boundary we now had a safety hazard on our hands, and before it fell on someone or something we had to take action. I consulted the Tree Advice Trust, one of whose experts came to look at the tree and, given the background story, he was convinced that the trenching had almost certainly caused the tree's demise.

In November we contacted the electricity company to ask them to either do something about this hazardous
tree, which their irresponsible excavations had caused, or to pay for it to be removed - an expensive exercise which would cost over £1,000. Their first response was to tell me that they were not answerable to me since they were excavating on a neighbour's land and it was roots on that land which were damaged. They offered no compensation. I found this hard to swallow.

I wrote back to them suggesting that if, because of their trenching, they had damaged gas or water mains which had adversely affected us, or they had trenched on neighbour's land, but next to our buildings which had then subsided, then surely they would be responsible. How come this was not so with the tree?

At this point I also discovered, and mentioned to them, that there was an informal agreement, which all utilities have signed up to, that gives detailed directives of how to trench responsibly around large trees. I also discovered that the company had neglected to obtain permission to enter the adjoining land (belonging to a third party neighbour) - tantamount to trespass, and had also failed to obtain a wayleave for a cable to be laid.

They wobbled and offered us a 'goodwill payment' of 50% of the cost of removing the tree, still without admitting any liability. I was still not happy. I wrote again, reiterating the points I had already made as well as including a drawing which illustrated how there was at least a 10-12 metre distance away from the tree and into the field adjoining our garden where they could easily have trenched relatively safely. I also reported the upset caused to my neighbours who had no knowledge of the excavation works and stressed that if all parties owning property around the tree had known of the impending excavations before hand then we could have all made sure that correct procedures were undertaken. I once again requested full payment of the removal of the tree.

In mid January they wrote back to say that as a goodwill gesture" and "in recognition of the time and trouble you have taken to bring this matter to our attention" they would pay in full for the tree to be taken down. It took 4 or 5 letters and a fair bit of huffing and puffing, but I got there in the end.

The lesson being- don't put up with the brush off. If you really believe you are in the right pursue these people. I will never know who in the organisation was ultimately responsible for the bad trenching practice - the bloke in the trench or some suit behind a desk, but it's only when these companies are brought to book that they will start to be more meticulous about their operations. I thank them for doing the right thing in the end, although they never said they were sorry for the damage and loss to us of a fine amenity tree (that, I suppose, would be admitting liability).

The ash came down on February 28th. A sad day, but let's hope some of the timber can be used to make an enduring memorial to a beautiful tree.

Archie Miles

Feb. 28th, 2006 . After 120 years - down it comes. [Photo: Archie Miles]