Boundary & Legal Disputes

Boundary & Legal Disputes

Boundaries are often located quite arbitrarily from a tree’s point of view which will live and grow without any observance of them.  Common issues encountered include encroachment of branches or roots over boundaries, dissemination of pests and diseases, direct damage, transmission of indirect damage to buildings and structures, undertaking of damaging pruning works, obstruction of light and ingestion of poisonous materials by livestock.

Common Law and Case Law

The legal framework relating to trees is described in Common Law, Case Law, Part 8 of the Anti-social Behaviour Act 2003 (aka. High Hedges legislation), the Occupiers Liability Acts 1957 & 1984, the Prescription Act 1832: Right to Light legislation and the Local Government (Miscellaneous Provisions) Act 1976.

We are not professionals in the Law so our role is to prepare an analysis of tree-related and legal factors that can support direct dispute resolution between affected parties or case prosecution by legal representatives, if needed. Evidence must be gathered which may include a tree survey, description of damage or other nuisance, trial pit excavation, research into historical records and also of methods of remediation.

For further information regarding the legal framework relating to trees, please get in touch.

Recent Projects

Valuation of large-scale tree damage caused by careless excavator use in Pembrokeshire.

Valuation of damage caused by power line installation in Carmarthenshire.

Evaluation of damage, development of remediation strategy, and defence of client against inappropriate tree work applications in Hertfordshire.

Successful direct dispute resolution between parties affected by a damaged wall in Hertfordshire.

natural resource wales
tai ceredigion housing association
university hospital of wales

Let's Talk Today

We would love to hear from you, please get in touch if we can help or you would like to hear more about our services.

What our Clients say

It's extremely important to us that our Clients are 100% satisfied with all work that we carry out, here is just some of the feedback that we have collated from our client portfolio...

We’re really pleased that Rich came on board and helped us develop and implement a tree inspection strategy. He’s really worked as part of the team, bringing creative ideas to the table and making proportionate recommendations to help us manage the tree stock across our estate. His reports are clear and concise, and the results of the decay detection are in every case accurate. Rich has made management of our trees easy. We’ve got a lot of trust in his work and look forward to a long on-going relationship.

Kevin Bryan, Estate Director, Tai Ceredigion

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