Trees and the Law
There are so many legal cases today that involve trees that some attorneys actually specialize in this area of the law. When trees are the issue in a dispute, it is important to rely on an experienced attorney for advice.
However, much expense, time, and anxiety could be avoided by understanding a few basics about trees and the law and then using this knowledge to practice better community forestry.
We enter dangerous ground when discussing trees and the law in Tree City USA Bulletins. This is for several reasons. Some of these reasons confront anyone who needs an understanding of the legal implications of owning or managing trees. First, laws are not always consistent. A law about trees in one state or even one city may not be the same in another state or city. Second, law is not static. It evolves and is sometimes unpredictable. Tree law, especially, has yet to be clearly determined for many situations. Future cases tried in court will decide the answers to some questions that trouble tree managers today. Third, finding good information about trees and the law is not always easy. We have tried to remedy this through the sources cited in this issue. Finally, it must be said that your editor is not an attorney. Although this issue has been reviewed and approved by qualified attorneys, we must clearly state that this bulletin is not intended to be taken as legal advice.
Despite those limitations, the topic of law as it pertains to trees and their management is too important to not include in the Tree City USA Bulletin series. Some basic understanding is necessary in today’s litigious society. Tree board members, urban foresters, and others should be aware of these basics so that common pitfalls can be avoided. That is the purpose behind the information selected for this issue.
In This Bulletin
Here’s what’s inside:
- Three Kinds of Law – defining the different types of laws and how they are applied
- Negligence and Liability – guidelines to keep you out of trouble
- Those Troublesome Boundary Trees – general considerations when dealing with trees that stretch across property lines
- Who Owns the View? – some ordinances allow for tree removal to provide a view
