Sycamore Gap & the Enfield Oak: are they the same?
Last week it hit the press that an ancient Oak tree situated in Whitewebbs Park in Enfield had been felled. This has grabbed the newspaper headlines, much like the Sycamore Gap, hitting the press only a couple of weeks before the Sycamore Gap trial is due to go ahead. But how similar are the legal […]
Home owners: how to deal with invasive species?
Here at Tree Law we have dealt with numerous issues for clients involving invasive species such as bamboo and Japanese knotweed. Both are invasive species in the UK and can cause significant damage to properties, leading to legal disputes. 🐼Bamboo, particularly running bamboo, can spread aggressively through underground rhizomes. It can grow under fences, into […]
Home owners: how to complain to the Financial Ombudsman?
An ombudsman is an independent official who investigates complaints about organisations, government agents, public institutions and corporations. Their role is to ensure accountability, fair and proper conduct in decision making. In the tree disputes that we are involved with, we regularly bring complaints to the Financial Ombudsman Service (the FOS). The FOS is who you’d […]
Planning authorities: private criminal prosecutions
Local authorities have the ability to bring a private criminal prosecution in relation to offences relating to trees. For example, where a local planning authority has reason to believe that a tree protected by a tree preservation order has been cut or felled without the requisite permission or exemption, they can investigate and charge the […]
Tree roots: what sort of damage they can cause
Roots are the underground part of a tree or plant which act as their anchor in the soil and absorb water and nutrients. Here at Tree Law the following issues crop up relating to roots: 🏠Subsidence damage – where roots from a tree encroach underneath the foundations of a property. Where that property is built […]
Tree root subsidence: soil volume changes
In the world of tree root subsidence it is the volume changes of the soil underneath a property foundations which can cause an issue. Where tree roots encroach under the foundations of a property built on a shrinkable soil, suspectable to volume change. In the winter months when weather is wetter and water demand from […]
Negligence claims: what are the steps to success?
A legal claim for damages in a civil tree claim is often a claim brought in negligence. In order to succeed in a claim in negligence there are a number of steps that the Claimant has to prove. It’s not just that the Defendant caused the harm. Those steps are: 1. Duty of care – […]
Subsidence caused by leaking underground pipes
The claims that we most commonly deal with involve crack damage to property. Where that damage occurs in certain parts of the UK the assumption can be reached early on in the claim that the damage has been caused by the influence of tree roots. However, industry practice and common sense sets out that the […]
Sycamore Gap Trial
On 29th September 2023 the UK woke to the devastating news that the iconic Sycamore Gap tree had been felled overnight. I, like many others, was outraged and confused by this senseless attack. The 300 year old Sycamore tree, owned by the National Trust, located at a UNESCO World Heritage Site and a star in […]
Arboriculture, Boundary Trees & CO2
A is for Arboriculture: This is defined by the Arboricultural Association as being the science and practice of the cultivation, establishment and management of amenity trees for the benefit of society. The cultivation and management of individual trees in a wide range of different environments. Arborists are tree professionals who have studied how to plant, […]
