Tree Expert Services – Legal & Expert Witness
What Makes a Tree Expert?
As implied above, a tree expert is a professional who is involved in the survey and analysis of trees to assess their condition, potential influence on structures, and risk to people and property. It may also include,
- Assessing the impact of works proposed on health of the tree and / or landscape
- Works specifications for working on valuable but damaged / hazardous trees.
- Assessing the amenity value of trees
- Identifying and diagnosing symptoms of ill health
- Periodical surveys to update information regarding tree health
Trees are also a material consideration in UK planning law, and an expert can help you get planning permission by figuring out how trees might constrain your development proposals. The expert advice you get from Tree reports limited is insured to a million pounds.
It is not easy to become a tree expert, it takes years of working with trees study to be able to give a well informed opinion. As with any other profession, a tree expert must have qualifications and experience, which are pre-requisites of professional membership of the relevant professional organisations of tree experts, such as the Consulting Arborist Society and the Arboricultural Association.
We can carry out a case review or a tree survey and advise on tree law issues from an arboricultural perspective in a report with management recommendations and priority. Tree Reports Ltd reduce your legal liability and help fulfill legal duties associated with trees that are imposed by laws like the Occupiers Liability Act. We can save you money on tree management costs by giving no-nonsense advice about your current position and how to improve it for the least expenditure. Find out how we can help you by calling our tree consultant Daniel Simpson today. Telephone 0845 36 37 180 or email firstname.lastname@example.org.
Tree Law in the in the UK
- The Occupiers Liability Act (1957 and 1984) – places a duty on owners and occupiers of land to ensure their trees are not a risk to visitors, neighbours and other third parties. Click here for more on tree inspection and tree hazard assessment
- The Town & Country Planning Act (1990) – the legislation of Tree Preservation Orders, Conservation Areas and planning issues affecting trees. Click here for more on trees and planning, and here for more on protected trees.
- Trees and the Highways Act (1980) – gives powers to the Local Highway Authority to deal with privately owned trees that affect public highways, e.g. by being a danger or obstruction.
- The Anti Social Behaviour Act (2003) – contains the legislation relating to evergreen high hedges complaints. Click here to learn more about our high hedge services
- Common law – case law that has established legal precedents regarding such things as overhanging boundaries, encroaching roots and nuisance trees. Click here for more about dangerous trees and nuisance trees.
The laws above that can put a range of different duties on landowners and occupiers. If you are being affected by legal issues relating to trees, we can offer practical no-nonsense solutions. For a full list of our services click here. We are arboriculturalists with experience in dealing with issues relating to these laws, but our advice is not a substitute for the opinion of a legal specialist. Our role is more orientated to figuring out whether trees could be a problem and if so, which ones and what solutions could be implemented. Assessing the likelihood of making a successful claim for damages (for example) and the best route to take is beyond our role and in these cases we typically advise clients to seek the opinion of a legal specialist. With a case review we can figure out if a strong case for foreseeable damage exists (to try and prove there has been negligence and therefore legal liability for the damage), and if so provide reports that a legal specialist will need to support your case.