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Thread: Oh ... FFS 2

  1. #26
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by cyrille View Post
    No, discomfited or joined up, it's all the same anyway.
    discomforted adults in the w/eastern realm experience moments and lifetimes of jittery discombobulation.

  2. #27
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    taxexile's Avatar
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    Yes, but a council neglecting a sidewalk, allowing large cracks to develop that will cause people to trip and fall over hurting themselves is entirely expected, and can have something done about it.
    if you are walking and see that the pavements are seriously cracked, the sensible option would be to walk slower and take more care.

  3. #28
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by taxexile View Post
    if you see that the pavements are seriously cracked, the sensible option would be
    for the council to fix them before someone gets seriously hurt.

  4. #29
    Thailand Expat David48atTD's Avatar
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    Referring to Tax's example above, someone tripped on the footpath/pavement outside the back of my place.

    We have a dual access place and the rear access is not one we use, but one all our neighbours use, through an easement to egress their homes.

    An Elderly person tripped on the footpath/pavement and sued the Council.

    The trip occurred where my driveway and the Council's footpath cross over.


    A tree, not planted by me, on the Council verge, the roots had lifted the slab up maybe half an inch.

    The local law says that the property owner is responsible for the land where the driveway egresses.


    So, on land not owned by me through an event I didn't cause but, because of the Law, the responsibility falls to me.

    Initially the Council directed me to completely re-lay the concrete driveway ... easily $3-4,000 but after negotiation, settled for me to dig up and re-lay THEIR footpath/pavement

    Cost was $1,200, and I had to get rid of the old footpath.

    The Law is a complex beast.
    “Someone is sitting in the shade today because someone planted a tree a long time ago”

  5. #30
    Thailand Expat
    taxexile's Avatar
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    for the council to fix them before someone gets seriously hurt.
    in your perfect world, yes.

    but who lives in this perfect world.


    so, in the meantime, keep your fxcking eyes open.

  6. #31
    Thailand Expat AntRobertson's Avatar
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    Another lecture in personal responsibility from a man who has none. ¯\_(ツ)_/¯

  7. #32
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by David48atTD View Post
    A tree, not planted by me, on the Council verge, the roots had lifted the slab up maybe half an inch.
    So you should have sued the council for damages, silly man.

  8. #33
    Thailand Expat David48atTD's Avatar
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    Quote Originally Posted by TheRealKW View Post
    So you should have sued the council for damages, silly man.
    Ah ... but it wasn't the tree roots which tripped the person, it was the lifted pavement.

    Sure, if the case went to court, easy enough to prove it was the councils fault but ...


    The Council accepted the tripping case.

    The cost to engage a Lawyer/Solicitor, court fees etc.

    Cheaper and easier to re-lay the footpath.


    The Law is a complex and definitely and expensive beast.

  9. #34
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by David48atTD View Post
    Ah ... but it wasn't the tree roots which tripped the person, it was the lifted pavement.
    Didn't say it was. But your lifted pavement was caused by their tree incorrectly placed, or incorrect type of tree or incorrectly maintained and damaged your property

    Quote Originally Posted by David48atTD View Post
    Cheaper and easier to re-lay the footpath.
    So you chose to pay, not the law's fault then, was it?

    Quote Originally Posted by David48atTD View Post
    The cost to engage a Lawyer/Solicitor, court fees etc.
    Have you actually used a solicitor before? Not as expensive as you are making out. I doubt you would have needed to go to court, probably a single letter for less than $100 would be enough to make them back off and shoulder the expense. And you can ask for costs as well, you know.

    Unless, of course, this whole story is a tale and not as black and white as you make out...

  10. #35
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by David48atTD View Post
    Initially the Council directed me to completely re-lay the concrete driveway ... easily $3-4,000 but after negotiation, settled for me to dig up and re-lay THEIR footpath/pavement

    Cost was $1,200, and I had to get rid of the old footpath.
    Wow, negotiator

  11. #36
    Thailand Expat David48atTD's Avatar
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    Quote Originally Posted by TheRealKW View Post
    Didn't say it was. But your lifted pavement was caused by their tree incorrectly placed, or incorrect type of tree or incorrectly maintained and damaged your property
    But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.

    The tree isn't huge, maybe 3 metres root to crown.

    The damaged item, 'the footpath' which caused the injury wasn't 'mine'.

    But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.

  12. #37
    Thailand Expat raycarey's Avatar
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    Quote Originally Posted by David48atTD View Post
    But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.
    Quote Originally Posted by David48atTD View Post
    But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.
    you bought the property---including the tree.

    the law determined you were negligent, and you were lucky to get off as lightly as you did, dodgy dave.

  13. #38
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by David48atTD View Post
    But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.
    Aaaah, so you were at fault then, you assumed fault when you purchased the property from previous owner.

    Problem solved.

    The law did get it right.

  14. #39
    Thailand Expat David48atTD's Avatar
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    ^ ^^ This is getting a little silly now.

    The tree is on the footpath/verge ... I can't buy public land.

  15. #40
    Hangin' Around cyrille's Avatar
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    Quote Originally Posted by David48atTD View Post
    But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.
    Quite right too.

  16. #41
    Thailand Expat raycarey's Avatar
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    Quote Originally Posted by David48atTD View Post
    The tree is on the footpath/verge
    the law disagrees, dodgy dave.

  17. #42
    Thailand Expat lom's Avatar
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    Quote Originally Posted by David48atTD View Post
    Cost was $1,200,
    Serves you right for neglecting to check the footpath at the egress of your property daily, something every lawful property owner should do

  18. #43
    Member Bettyboo's Avatar
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    Don't listen to this abuse, Dave! They're a mindless rabble, the lot of 'em.

    There's little doubt in my mind that you did your due diligence, probably even had a survey for the local area in anticipation of such instances, but: 1) the surveyor let you down; 2) the tree was probably just a shrub when you first moved in (and being on public land, you weren't able to dig it up).
    How do I post these pictures???

  19. #44
    CCBW JPPR2's Avatar
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    Quote Originally Posted by TheRealKW View Post
    Shouldn't every tax paying citizen be able to walk down a sidewalk safely?
    Yes but shouldn't people be held accountable for not being stupid? Look I get there is a boundary for this. There should be accountability on both sides. But...... we know most are looking for an angle to exploit it. Not make it better.

  20. #45
    Thailand Expat raycarey's Avatar
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    Quote Originally Posted by JPPR2 View Post
    Yes but shouldn't people be held accountable for not being stupid?
    how is the woman in dodgy dave's OP "being stupid"?

    she witnessed what she thought was a horrible accident ( someone's head going under the wheel) and the driver was found negligent. She was subsequently diagnosed with PTSD and was unable to work..and presumably had considerable time in therapy. the court awarded her about US$100,000...and she only pocketed about 65,000. seems within reason to me.

    so again...how was she 'being stupid'?

  21. #46
    Hangin' Around cyrille's Avatar
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    This thread is riddled with such holes.

    The difference between 'being stupid' and 'being wronged' often seems to be a question of whether something happened to someone else or to you.

    For example in Thailand if you buy land and build a house on it but the land you thought you'd bought actually turns out to be national park land. 'Stupid' when your mate does it, 'typical rip off Thailand' when it's you.

  22. #47
    I am no longer a Hostage
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    Quote Originally Posted by cyrille View Post
    This thread is riddled with such holes.
    Our commune (council) hasn't got the money to send folks round to check for pavement cracks.

    Instead of complaining, Willy should give his council the heads up, when he see a crack.

    Exactly what we do

    If you see a pothole or such; you grab your phone, take a snap and the pic and coordinates are with the roadpeople pronto

    It's called an APP

    Lawyers might hate it

  23. #48
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by taxexile View Post
    if you are walking and see that the pavements are seriously cracked, the sensible option would be to walk slower and take more care.
    I think it used to be a 3/4", after which the council becomes responsible from a 'reasonable' period after it is reported to them.

    Doesn't take much to tip even a careful geriatric. Years back my mum fell awkwardly and ended up in hospital, turned out the crack had been reported to the council some 5-6 years earlier and a couple of times since as the pothole degraded further. Can't remember how much she got, but the council guy was keen to settle after a known sjw local reporter turned up asking politely why it takes so long to fix a hole.

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