Generated by All in One SEO Pro v4.9.5.2, this is an llms.txt file, used by LLMs to index the site. # Tree Law - Legal tree expert Tree Law is an ethical law firm which places the environment at the heart of everything we do. ## Sitemaps - [XML Sitemap](https://www.treelaw.co.uk/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Tree Law Conference 2026](https://www.treelaw.co.uk/tree-law-conference-2026/) - Tree Law Conference – Slide PackOn 2nd July 2026 we welcomed clients, arboriculturists and industry colleagues to our office in Barry for our annual Tree Law Roundtable. Four sessions, one shared theme: good decisions about trees stand or fall on the quality of the evidence behind them.Life as a Judge: evidence, judgment and the file - [Summer Branch Drop: When apparently healthy trees suddenly shed large limbs](https://www.treelaw.co.uk/summer-branch-drop-when-apparently-healthy-trees-suddenly-shed-large-limbs/) - Photographs credited to George Critchley. Oak tree in Lancashire. There are few sights more alarming than a large limb suddenly torn from a mature tree on a calm summer's day. The photographs shared by George Critchley show a mature oak in Lancashire after a substantial branch failure. The scale of the wound, the torn timber - [My legal life...featured in the Law Gazette](https://www.treelaw.co.uk/my-legal-life-featured-in-the-law-gazette/) - What does it take to build the UK's only law firm dedicated entirely to trees? Sarah Dodd, founder and CEO of Tree Law in Wales, has carved out a truly unique niche, one that unexpectedly thrust her into the international spotlight when the famous Sycamore Gap tree was felled in 2023. Her story is a - [Who Gets the Money First?](https://www.treelaw.co.uk/who-gets-the-money-first/) - RSA v Textainer and subrogated recoveries in a Tree Law context When an insurer has paid out on a claim and there is a chance of recovering money from a third party, everyone's attention quite naturally turns to the same practical question: If money is recovered, who gets it first — the insurer or the - [My neighbour had our ash tree cut down without permission](https://www.treelaw.co.uk/my-neighbour-had-our-ash-tree-cut-down-without-permission/) - Based on Sarah Dodd's expert comment for The Sunday Times Home Help column. Tree disputes between neighbours often start with something small: overhanging branches, roots lifting paving, leaves in gutters, or a gate that no longer opens properly. But sometimes the dispute escalates. A neighbour may arrange for works to be carried out to a - [Upper Tribunal Confirms Costs Can Be Recovered in TPO Compensation Claims](https://www.treelaw.co.uk/upper-tribunal-confirms-costs-can-be-recovered-in-tpo-compensation-claims/) - A recent decision of the Upper Tribunal (Lands Chamber) has provided important clarification for claimants pursuing compensation claims arising from Tree Preservation Orders (TPOs). In Royal Sun Alliance Insurance Limited v London Borough of Harrow (19 May 2026), the Tribunal confirmed that it does have jurisdiction to award costs in TPO compensation proceedings where the - [5 Landmark Legal Cases Every Property Owner Should Know About Trees, Boundaries and Neighbour Disputes](https://www.treelaw.co.uk/5-landmark-legal-cases-every-property-owner-should-know-about-trees-boundaries-and-neighbour-disputes/) - Tree law is often misunderstood as being simply about overhanging branches or neighbour disputes. In reality, it sits at the intersection of property rights, nuisance, land ownership, development, environmental responsibility and risk management — and many of the legal principles still shaping modern disputes were established more than a century ago. At Tree Law, we - [Can Tree-Related Subsidence Be Resolved Without Removing the Tree?](https://www.treelaw.co.uk/can-tree-related-subsidence-be-resolved-without-removing-the-tree/) - When homeowners discover that tree roots may be linked to subsidence damage, the conversation often moves very quickly towards one proposed solution: remove the tree. But is tree removal always necessary? Not necessarily. At Tree Law, we regularly advise on disputes involving trees, buildings and insurers, and one of the most important points we try - [Is Avoiding Tree Surveys a False Economy for Housing Associations?](https://www.treelaw.co.uk/is-avoiding-tree-surveys-a-false-economy-for-housing-associations/) - In summary: Housing associations sometimes avoid undertaking tree surveys out of concern that they will uncover unaffordable works. While understandable, this approach increases rather than reduces risk. Trees exist across the estate whether they are formally recognised or not, and the legal expectation is not perfection but a reasonable system for understanding and managing that - [Tree Root Subsidence: Are Insurers Quietly Changing Their Approach?](https://www.treelaw.co.uk/tree-root-subsidence-are-insurers-quietly-changing-their-approach/) - Recent media coverage suggests something is shifting in how subsidence claims, particularly those involving trees, are being handled. In 2025 alone: • According to ABI data, UK insurers paid out £153m in subsidence claims in the first half of the year, driven by extreme weather • Media reports highlight a trend of insurers pushing for - [From Karate Mats to Courtrooms: Phillip's Solicitor Story](https://www.treelaw.co.uk/from-karate-mats-to-courtrooms-phillips-solicitor-story/) - We’re pleased to welcome Phillip Nicholl to the Tree Law team. His route to qualifying as a solicitor hasn’t followed the traditional path, and he shares a behind-the-scenes look at his journey below. From Karate Mats to Courtrooms: My Decade‑Long Journey to Becoming a Solicitor When people talk about becoming a solicitor, they often - [Planning Appeals Have Changed. Developers Now Only Get One Shot](https://www.treelaw.co.uk/planning-appeals-have-changed-developers-now-only-get-one-shot/) - From 1 April 2026, a fundamental change to the planning appeals process has reshaped how development risk should be managed. This is not a minor procedural update. It represents a structural shift that places far greater weight on the quality of the planning application itself. For developers, the implications are immediate and material. The appeal - [Helen Wilson on Her Career in the Judiciary](https://www.treelaw.co.uk/helen-wilson-on-her-career-in-the-judiciary/) - At Tree Law, we are proud to work alongside professionals who bring both legal expertise and real-world perspective to their roles. Helen Wilson, Managing Partner at Tree Law Ltd and Deputy District Judge (Wales Circuit), shares her journey into the judiciary, the realities of the role, and her advice for those considering a similar path. - [Cost Risk in Environmental Claims is Not What You Think](https://www.treelaw.co.uk/cost-risk-in-environmental-claims-is-not-what-you-think/) - The Aarhus Convention and what it really means for environmental challenges in the UK Where people, trees and property meet, the law is rarely just about black letter rules. It is about access, balance and fairness. The Aarhus Convention sits right in that space, and yet it is often misunderstood in practice. At its - [Three Years of Climate Action with Ecologi](https://www.treelaw.co.uk/three-years-of-climate-action-with-ecologi/) - At Tree Law, trees sit at the heart of everything we do. Every day we work on cases involving tree protection, subsidence, development pressures and environmental responsibility. It therefore felt important that, as a business, we also take practical steps to reduce and offset our own environmental impact. Three years ago we began using Ecologi - [Why Subsidence Jobs Keep Ending Up The Same Way](https://www.treelaw.co.uk/why-subsidence-jobs-keep-ending-up-the-same-way/) - In a recent feature with Construction News, Sarah Dodd, founder of Tree Law, shares her perspective on the realities of subsidence cases, exploring the legal context that sits alongside structural solutions once liability has been accepted and remediation is underway. Sarah Dodd is the founder and chief executive of legal firm Tree Law Subsidence - [Can I Prune My Neighbour's Trees? Only if you check these 4 things first, warn legal experts](https://www.treelaw.co.uk/can-i-prune-my-neighbours-trees-only-if-you-check-these-4-things-first-warn-legal-experts/) - What rights do you really have when a neighbour’s tree starts encroaching on your space? It’s a question many homeowners find themselves looking into. Particularly when overhanging branches begin to cross boundaries both physical and legal. In a recent feature with Ideal Home, Sarah Dodd, founder of Tree Law, shares expert insight on the rules - [What Does It Really Mean to Be a CEO?](https://www.treelaw.co.uk/what-does-it-really-mean-to-be-a-ceo/) - What does it really mean to be a CEO? It’s a question many founders quietly wrestle with — and one that Sarah Dodd, founder of Tree Law, has recently explored publicly after five years of leading the specialist law firm. In a recent feature with Pro Arb Magazine, Sarah reflects on the mindset shift required - [Talking to Customers About Tree Risk: Providing Clarity Without Over-Promising](https://www.treelaw.co.uk/talking-to-customers-about-tree-risk-providing-clarity-without-over-promising/) - Customers are increasingly proactive about property risk — particularly when trees are involved. Arborist reports, surveys, and recommendations for removal often prompt policyholders to seek reassurance about future insurance cover. These conversations can be delicate. Customers want certainty; insurers must avoid giving it prematurely. The Core Challenge When no damage has occurred, customers often ask - [Trees Near Your Home: What Insurance Can (and Can’t) Tell You in Advance](https://www.treelaw.co.uk/trees-near-your-home-what-insurance-can-and-cant-tell-you-in-advance/) - Trees can enhance a property, but when they’re planted too close to a building — or concerns arise about their condition — they can quickly become a source of anxiety. One of the first questions homeowners often ask is whether their insurance will respond if something goes wrong. The answer, however, is rarely a simple - [Felling Licence - Who needs one?](https://www.treelaw.co.uk/felling-licence-who-needs-one/) - Planning to fell trees in the UK? Learn when you need a felling licence, exemptions, and how to avoid penalties with our friendly, easy guide. - [Subsidence: The Origin Story](https://www.treelaw.co.uk/subsidence-the-origin-story/) - Uncover the fascinating history of subsidence, from post-war finance to insurance pragmatism, and how it influences current disputes. - [Case Update: Homeowner Wins £423,000 in Landmark Persimmon Foundations Case](https://www.treelaw.co.uk/case-update-homeowner-wins-423000-in-landmark-persimmon-foundations-case/) - What this means for property owners, developers, and professionals dealing with ground movement and defective construction. Background A recent High Court judgment — Mallas v Persimmon Homes Ltd [2025] EWHC 2581 (TCC) — shines a spotlight on the consequences of getting foundation design wrong. Mr Ioannis Mallas purchased a newly built Persimmon home in Reading in 2015 for £649,495. - [Harpers Magazine - The Trial of the Sycamore Gap Killers](https://www.treelaw.co.uk/the-trial-of-the-sycamore-gap-killers/) - Sycamore Gap captured hearts long before its shocking felling in September 2023—but what followed was a national reckoning about how we value trees, landscapes and the law. In this thoughtful essay, writer Rosa Lyster traces the story from the night the famous sycamore was cut down through the subsequent trial, public outcry, and questions of - [R (Smar Holdings Ltd) v Secretary of State for Environment, Foor and Rural Affairs [2025] EWCA Civ 1041](https://www.treelaw.co.uk/r-smar-holdings-ltd-v-secretary-of-state-for-environment-foor-and-rural-affairs-2025-ewca-civ-1041/) - What the case was about Smar Holdings unlawfully felled trees on land in Keynsham without a felling licence, triggering a restocking notice (RSN) under s.17A Forestry Act 1967. On appeal to the Secretary of State, Smar argued: The land was proposed for housing allocation in an emerging local plan. It would be in the public - [What Is a Subject Access Request (SAR) — and How Do You Make One to Your Local Authority?](https://www.treelaw.co.uk/what-is-a-subject-access-request-sar-and-how-do-you-make-one-to-your-local-authority/) - A Subject Access Request (SAR) is a valuable right under the UK General Data Protection Regulation (UK GDPR) that enables individuals to request personal information held about them by organisations, including local authorities. If you need to access records or documents held by your local authority, whether it’s regarding planning, tree preservation, housing, or any other service, making a - [What Is a Subject Access Request (SAR) — and How Do You Make One to Your Insurance Company?](https://www.treelaw.co.uk/what-is-a-subject-access-request-sar-and-how-do-you-make-one-to-your-insurance-company/) - If you’re in dispute with your insurance company, feeling kept in the dark, or simply want to understand what information they hold about you, a Subject Access Request (SAR) can be a powerful (and often under-used) tool. This document explains what a SAR is, when it is useful, and how to make one properly to your insurer. WHAT IS A - [Rights In Rem vs Rights In Personam: Why the Difference Matters in Tree Law (and What the Newport Case Shows Us)](https://www.treelaw.co.uk/rights-in-rem-vs-rights-in-personam-why-the-difference-matters-in-tree-law-and-what-the-newport-case-shows-us/) - Learn why understanding the difference between in rem and in personam is vital in tree preservation orders and legal cases like Newport. - [Case Summary: Cordin & Others v Newport City Council](https://www.treelaw.co.uk/case-summary-cordin-others-v-newport-city-council/) - High Court (TCC), Graham Jones J Claim No: TCC/07/06/CF0185 Judgment: 2009 Background On 30 October 2000, severe flooding occurred in the Crindau area of Newport, affecting around 130 homes, including the claimants’ properties. The flooding arose from the Malpas Brook after heavy rainfall and inadequate management of the Gwaelod‑y‑Garth reservoir and associated sluice gate. - [Garden Offices: A Growing Risk for Insurers](https://www.treelaw.co.uk/garden-offices-a-growing-risk-for-insurers/) - Garden offices have boomed since 2020, fuelled by hybrid working and the desire for separate home workspaces. Yet many were built quickly, often on shallow slabs, close to mature trees — and they’re now becoming a significant and under-reported source of subsidence and structural claims. 1. The Construction Problem Most garden offices are lightweight, timber-framed - [R v Chamdal [2025] EWCA Crim 1384 – Sentencing Summary and Practice Implications](https://www.treelaw.co.uk/r-v-chamdal-2025-ewca-crim-1384-sentencing-summary-and-practice-implications/) - Case: R v Chamdal [2025] EWCA Crim 1384 (Court of Appeal (Criminal Division), 3 November 2025) Statute: Town and Country Planning Act 1990, s.210(1)(c) (contravention of TPO); s.206 (replanting duty). ———————————————————— 1. Facts & Procedural History - Appellant pleaded guilty on re‑arraignment to contravening a TPO at the former Debden Hall Estate, - [When the berries bite back: What the law says about poisonous plants & berries](https://www.treelaw.co.uk/when-the-berries-bite-back-what-the-law-says-about-poisonous-plants-berries/) - Discover the hidden dangers of poisonous berries in the UK and what property owners must do to protect children and trespassers under the law. - [Tree Owner’s Responsibility for Leaf Litter](https://www.treelaw.co.uk/tree-owners-responsibility-for-leaf-litter/) - *(England & Wales)* 1. General Position Fallen leaves, twigs, fruit, blossom, and similar natural detritus are regarded in law as “natural occurrences”. Their mere presence on neighbouring land, in gutters, or drains does not normally give rise to liability in nuisance, negligence, or trespass. The law distinguishes between encroachment (e.g. roots or branches growing into - [Tree Root Subsidence — Balancing Cost, Carbon and Reputation](https://www.treelaw.co.uk/managing-tree-root-subsidence-claims-balancing-cost-carbon-and-reputation/) - Learn why choosing the right subsidence mitigation method is crucial, balancing cost, carbon footprint, and environmental impact. - [Tree Root Subsidence: Succeeding in a legal claim](https://www.treelaw.co.uk/recovering-costs-succeeding-in-tree-root-subsidence-litigation/) - Discover how insurers can effectively recover damages from negligent tree owners with key legal insights and proven strategies. - [Uncovering the impact: TPO protected trees felled because of subsidence](https://www.treelaw.co.uk/tpo-trees-how-many-are-chopped-down/) - Uncover the surprising estimate that between 50 and 500 TPO-protected trees may be felled annually due to subsidence issues across England. - [FutureScape 2025: Exhibiting and Speaking on Tree Protection](https://www.treelaw.co.uk/futurescape-2025-exhibiting-and-speaking-on-tree-protection/) - Get the latest on UK tree laws at FutureScape 2025! Join Sarah Dodd’s presentation and connect with experts on safeguarding trees and industry growth. - [The Meaning of Trees Podcast](https://www.treelaw.co.uk/the-meaning-of-trees-podcast/) - Join a moving conversation on The Meaning of Trees podcast, where Sarah chats with Tom Hill about the emotional significance of trees in our lives. - [Featured in The Lawyer: Tree Law's story](https://www.treelaw.co.uk/featured-in-the-lawyer-tree-laws-story/) - Discover how Tree Law is shaping UK legal debates around trees, with insights from the founder's journey and innovative sustainability tools. - [Crown Court Confirms Liability for Felling TPO Trees in Wales](https://www.treelaw.co.uk/crown-court-confirms-liability-for-felling-tpo-trees-in-wales/) - Explore how Newport's successful prosecution sets a precedent in Welsh law, emphasising the importance of safeguarding local environmental assets. - [Social Landlords: managing trees and damage caused by trees](https://www.treelaw.co.uk/housing-associations-managing-trees-and-damage-caused-by-trees/) - Discover how social landlords can protect their estates from costly tree root subsidence with smart management and proactive strategies. - [Homeowners: What is tree root subsidence damage?](https://www.treelaw.co.uk/what-is-tree-root-subsidence-damage/) - When cracks begin to snake across internal plaster or creeping jagged fissures appear in brickwork, homeowners often fear subsidence. In the UK, this anxiety is heightened during long dry summers when clay soils shrink. One of the culprits frequently blamed is the humble tree. Mature trees provide shade, wildlife habitat and curb appeal, yet their - [Architects: Top tree law issues](https://www.treelaw.co.uk/architects-top-tree-law-issues/) - Uncover how legal responsibilities around trees impact architecture projects, helping you design responsibly and stay compliant with regulations. - ['Trees need a new law for protection'](https://www.treelaw.co.uk/trees-need-a-new-law-for-protection/) - Sarah Dodd spoke to Greatest Hits Radio about the recent case in Exmouth, where a family's fight to save a historic tree has sparked calls for legal reform. You can read the full story here. - [Sycamore Gap: the tree that broke Britain's heart](https://www.treelaw.co.uk/sycamore-gap-the-tree-that-broke-britains-heart/) - Sarah reflects on the nation's heartbreak over the loss of Sycamore Gap with My London. Click here to read the full article - [Sycamore Gap: was justice served?](https://www.treelaw.co.uk/sycamore-gap-was-justice-served/) - The sentencing of the two men responsible for felling the Sycamore Gap tree — Daniel Graham and Adam Caruthers — has sparked an extraordinary conversation not just in the UK but across the globe. As the dust settles on their custodial sentences of four years and three months, many of us are left reflecting: what - [Sycamore Gap sentencing: speaking on Radio 5](https://www.treelaw.co.uk/sycamore-gap-sentencing-speaking-on-radio-5/) - Sarah appeared on a panel discussion on Radio 5 with Nicky Campbell on the morning before the sentencing hearing. You can listen to the show here - [Tree valuation: what have the civil & criminal courts said?](https://www.treelaw.co.uk/tree-valuation-what-have-the-civil-criminal-courts-said/) - Valuing Trees in the Eyes of the Law: Lessons from Key Tree Damage Cases Before the sentencing is handed down in the Sycamore Gap case next week I have reflected on how damage to trees has been valued in past UK Court decisions. This is across both the civil, criminal and tribunal court. When trees - [Local Authorities: changes in the law, 2006 to date](https://www.treelaw.co.uk/local-authorities-changes-in-the-law-2006-to-date/) - There has been a lot of change in tree law over the past, nearly, 20 years. I reflected on the changes which are likely to be of relevance to public sector land owners and break down some of the key dates and changes. 2006 - 2012 - Sheffield street tree Sheffield’s Streets Ahead programme set - [Property Owners: Whose line is it anyway?](https://www.treelaw.co.uk/property-owners-whose-line-is-it-anyway/) - Property boundaries can give rise to some tricky disputes, from a neighbour replacing their boundary fence and shifting the boundary line slightly to a tree situated on the boundary line and causing inconvenience or damage to one side or the other. The last thing any of us wants is to be in dispute with a - [Architects: Introduction to tree law](https://www.treelaw.co.uk/architects-introduction-to-tree-law/) - This week we got to give an introduction to trees and the law as a session to the RIBA Academy. This was the first time such a tree-focused session had been run and it was a privilege to be on the panel of speakers. In today’s increasingly green-conscious design landscape, the presence of trees on - [Rooted in Us: Why Britain Loves Trees](https://www.treelaw.co.uk/rooted-in-us-why-britain-loves-trees/) - Walk down any British street, and you’re never far from a tree. The urban forest is something that the UK focuses on as living near trees significantly improves the quality of our lives in cities. A hedge-bound oak leaning into the road, a churchyard yew older than the country itself, a line of limes whispering - [Sycamore Gap - how the legal landscape is changing](https://www.treelaw.co.uk/sycamore-gap-how-the-legal-landscape-is-changing/) - TBD Marketing have supported the press coverage that we have obtained in commenting on the Sycamore Gap trial. Here is a video they've kindly hosted which is my comments on what the Sycamore Gap trial means. This covers: why the case was important why it captured attention across the world what it shows us in - [Sky News Interview: reporting on the Sycamore Gap Verdict](https://www.treelaw.co.uk/sky-news-interview-reporting-on-the-sycamore-gap-verdict/) - Sarah was interviewed on Sky News on 9 May with her thoughts on the verdict in the Sycamore Gap. If you missed that, catch up on our You Tube channel here - https://youtu.be/3A8gZY-VGqw?si=u0iBUJCUu5ZzIc4- - [The Trial+: Sycamore Gap: Guilty](https://www.treelaw.co.uk/the-trial-sycamore-gap-guilty/) - Sarah appeared on the Daily Mail 'The Trial' Podcast this week, speaking about the Sycamore Gap trial. You can listen to the podcast here - The Trial+: Sycamore Gap: Guil…–The Trial – Apple Podcasts https://plus.thecrimedesk.com/listen/the-trial-of-the-golden-toilet-members-only/the-trial-sycamore-gap-guilty - [Washington Post: Sycamore Gap article](https://www.treelaw.co.uk/washington-post-sycamore-gap-article/) - Sarah features in an article about the Sycamore Gap in the Washington Post on 28 April. Read the article here - https://www.washingtonpost.com/world/2025/04/28/sycamore-gap-tree-trial-hadrian-wall-england/8e83b726-23e6-11f0-ae6d-e4db528eba27_story.html - [USA Today: Sycamore Gap](https://www.treelaw.co.uk/usa-today-sycamore-gap/) - Sarah featured in USA Today's weekend article about the Sycamore Gap trial. Read the article here - https://eu.usatoday.com/story/news/world/2025/05/03/sycamore-gap-tree-case-uk-cut-down/83361803007/ - [Sycamore Gap Trial: speaking to the Associated Press](https://www.treelaw.co.uk/sycamore-gap-trial-speaking-to-the-associated-press/) - Sarah spoke to the Associated Press about the Sycamore Gap Trial. The trial started in Newcastle Crown Court today, 28th April. It is set to run until 12 May. Prosecution to set out their opening statement tomorrow. Have a read of this article to get an idea of why it has captured the attention of - [Enfield Oak: The Guardian](https://www.treelaw.co.uk/enfield-oak-the-guardian/) - Sarah spoke to the Guardian about the Enfield Oak and the Forestry Commission's possible criminal prosecution Link to article here - Forestry Commission investigates felling of ancient Enfield oak | Trees and forests | The Guardian - [Enfield Oak: The London Evening Standard](https://www.treelaw.co.uk/enfield-oak-the-london-evening-standard/) - Sarah spoke to the London Evening Standard with comments and observations on the Enfield Oak tree felling. Link to article here - Toby carvery owner could have to pay over £1million for hacking back ancient oak | The Standard - [Enfield Oak: Featured in the Daily Telegraph](https://www.treelaw.co.uk/enfield-oak-featured-in-the-daily-telegraph/) - Sarah spoke to the Daily Telegraph with comments about the felling of the Whitewebb's Wood Oak tree. Link to article here - Toby Carvery could face £1m bill after felling 500-year-old tree - [Sycamore Gap & the Enfield Oak: are they the same?](https://www.treelaw.co.uk/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 - [Legal News Wales Awards: finalists in the sustainability category](https://www.treelaw.co.uk/legal-news-wales-awards-finalists-in-the-sustainability-category/) - We’re Finalists! Tree Law Recognised for Sustainability at the Legal News Awards 2025 We’re thrilled to announce that Tree Law has been selected as a finalist in the Sustainability Award of the Year category at the Legal News Awards 2025! Being shortlisted for this award is a huge moment for us. Since launching in 2021, - [Tree owners: how to limit storm risk](https://www.treelaw.co.uk/tree-owners-how-to-limit-storm-risk/) - The frequency and severity of recent storms has left images of trees fallen on cars, houses, roads and railway lines, in our minds. With storms seeming to occur more frequently, it is worth a revisit of the law relating to the claims that can arise from trees failing during these dramatic events. Branches falling and - [Insurers and Councils: stopping the conflict over TPOs](https://www.treelaw.co.uk/tree-preservation-orders-what-does-the-law-say/) - TPOs are by the far the area of tree law that I get asked about the most. They are emotive, political and complex. There is considerable uncertainly and disagreement about how the law applies and, in particular, how it applies to tree root subsidence issues. Disclaimer – what I will say in this section are - [Case Law: Chubb v Enfield, TPO compensation](https://www.treelaw.co.uk/case-law-chubb-v-enfield-tpo-compensation/) - Where a tree is implicated in subsidence damage to a property, but that tree is protected by a tree preservation order, legal action can involve bringing a claim for compensation against the planning authority. Whilst the authority do not own the tree, they can be brought into a legal claim where they have been asked - [Tree preservation order claims: case law archive](https://www.treelaw.co.uk/tree-preservation-order-claims-case-law-archive/) - Trees protected by a tree preservation order and implicated in subsidence damage can lead to claims for compensation. Such claims are made against the planning authority managing the tree protection. If an application is made for permission to fell a protected tree as it is causing damage, and the planning authority issue a 'notice of - [Tree root subsidence: soil volume changes](https://www.treelaw.co.uk/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 - [Planning authorities: private criminal prosecutions](https://www.treelaw.co.uk/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 - [Home owners: how to deal with invasive species?](https://www.treelaw.co.uk/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?](https://www.treelaw.co.uk/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 - [Tree Law Conference 2024: the brochure](https://www.treelaw.co.uk/tree-law-conference-2024-the-brochure/) - Check out a recording of the conference on our YouTube channel, Tree Law TV - Tree Law London Conference 2024, part 1; Tree Law Conference London 2024, Part 2 Did you miss the 2023 conference? Tree Law London, Key Note Speech by Sarah Dodd Tree Law Seminar - Dr Martin Dobson on Tree Risk - [What to know about tree root subsidence](https://www.treelaw.co.uk/what-to-know-about-tree-root-subsidence/) - Introduction The purpose of today’s blog is to reflect back on my first Tree Law TV Live event in July. Sat in my office on a boiling hot morning, the start of the UK’s heatwave, and I was talking about what a hot dry summer meant for the risk of properties suffering tree root subsidence. - [Buying insurance: Is what you expect exactly what you get?](https://www.treelaw.co.uk/mind-the-gap/) - My Clients are stressed! Last month I posted on Linkedin about a common theme that I have noticed when on-boarding new clients. They need help and urgently. Thinking particularly in terms of a subsidence insurance claim, the pressures of the claim can put clients and their families under huge strain, affecting daily life and relationships. - [House buyers: Japanese knotweed update from the court of appeal](https://www.treelaw.co.uk/japanese-knotweed-the-court-of-appeal/) - Japanese Knotweed has been the subject of another Court decision this last month, before the Court of Appeal, this time in the case of Davies v Bridgend County Borough Council [2023 EWCA Civ 80].. Interesting that this is a short trip down the M4 from the location of the Williams & Waistell v Network Rail - [Homeowners: When to query tree removal in a subsidence claim](https://www.treelaw.co.uk/the-sunday-times/) - Ive never thought of myself as an agony aunt in the traditional sense but, when I was asked by the Sunday Times to answer a reader’s question, I jumped at the chance. In the Home Help of the Home Supplement, I answered a question asked by a reader regarding their tree root subsidence claim. It - [Law firm founder: Q&A with our CEO](https://www.treelaw.co.uk/law-firm-founder-qa-with-our-ceo/) - We sat down with Sarah and asked her a few questions about herself and her route which has led her to Tree Law. Here's what she had to say: What inspired you to become a solicitor, and what drew you to specialise in tree law? My career decision was made at a pretty young age, - [Q&A with our Senior Associate, Laura Lloyd](https://www.treelaw.co.uk/qa-with-our-senior-associate-laura-lloyd/) - Laura Lloyd joined Tree Law as a Senior Associate in July 2024. We asked her a few questions about what it's like working for Tree Law and life in general. Can you tell us a bit about yourself and your background? I am a mum of two and I live and work in the heart - [Arboriculture, Boundary Trees & CO2](https://www.treelaw.co.uk/the-tree-law-alphabet-a-b-c/) - 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, - [Sycamore Gap Trial](https://www.treelaw.co.uk/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 - [Negligence claims: what are the steps to success?](https://www.treelaw.co.uk/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 - - [Insurance Edge Article: the carbon calculator](https://www.treelaw.co.uk/insurance-edge-article-the-carbon-calculator/) - Reassessing Subsidence Claims Management: A Call for Environmental Consideration - Check our what our friend Dr Tim Farewell had to say about climate data and carbon at our 2023 conference - Dr Tim Farewell speaking about climate change and subsidence patterns Check out the work that we do in relation to subsidence claims - Tree - [Podcast: Tree Lady Talks](https://www.treelaw.co.uk/podcast-tree-lady-talks/) - https://open.spotify.com/episode/7x9WBAaMyTAVyrKhCRIp4Q?si=AnJdG_LdSaW2jA_k6UWI6Q Check out our other conversation with the Tree Lady - Tree Lady Talks meets Tree law - [Cutting down a tree: the rules and regulations](https://www.treelaw.co.uk/cutting-down-a-tree-the-rules-and-regulations/) - Cutting down a tree: The rules and regulations | Homebuilding Check out how we can help with planning issues and protected trees: Protected Trees | Tree Law - Legal tree expert Planning issues | Tree Law - Legal tree expert How can you get someone else to chop down their tree? - Can I - [Subsidence caused by leaking underground pipes](https://www.treelaw.co.uk/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 - [Podcast: TBD Marketing](https://www.treelaw.co.uk/podcast-tbd-marketing/) - https://open.spotify.com/episode/7CtoaRK3PicanQHgn51AJw?si=21d41a283f054161 Get to know our CEO more here - Sarah Dodd | Tree Law - Legal tree expert; Law firm founder: Q&A with our CEO | Tree Law - Legal tree expert - [Insurers: Managing the competing interests in a subsidence claim](https://www.treelaw.co.uk/can-you-do-the-rubix-cube/) - How many of your can complete a Rubix Cube? In a tree root subsidence claim there are so many competing interest which are often working against one another that it can feel like trying to solve a Rubix cube. Straighten a few things out and on the other side of the cube other things misalign, - [Tree Surgeons: Managing risk where a tree falls on an EV](https://www.treelaw.co.uk/tree-surgeons-managing-risk-where-a-tree-falls-on-an-ev/) - In the aftermath of Storm Darragh, an interesting question was posed on Linkedin regarding a new an unprecedented problem in the tree world. Trees falling on EVs. It was noted by the writer that it is a fairly common consequence of storms that tree failure can cause cars to be damaged. However, the tried and - [House buyer: insurance before completion](https://www.treelaw.co.uk/house-buyer-insurance-before-completion/) - Home insurance, whether it is buildings and/or contents, can often feel like an expensive inconvenience to arrange, not least when you are in the middle of an expensive and stressful house buying process. It might be tempting to put it off to the last minute when you are up to your eyes in navigating calls - [Planning Authorities: when is a TPO a valid TPO?](https://www.treelaw.co.uk/planning-authorities-when-it-is-a-tpo-a-valid-tpo/) - “I cant be guilty of illegally felling a TPO protected tree as the TPO wasn’t valid” Is there any mileage in that as a defence? There are two potential criminal offences when it comes to works to a tree protected by a TPO. Those are: Where a tree is cut down, uprooted or wilfully destroyed, - [Tree roots: what sort of damage they can cause](https://www.treelaw.co.uk/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 - [Start-Up Awards winner ⭐](https://www.treelaw.co.uk/start-up-awards-winner-⭐/) - What a night! Last Thursday night Tree Law attended the StartUp Awards National Series event in Cardiff having been nominated for the Rising Star Award and, guess what………… We only went and blumin’ won! ⭐ The category was for businesses in Wales started in the last 12 months. One of the hottest categories and with - [Legal Case Story: Leakey v National Trust](https://www.treelaw.co.uk/the-story-of-leakey-v-national-trust/) - Sarah Dodd See Full Bio - [Legal case story: Delaware Mansions v Westminster Council](https://www.treelaw.co.uk/the-story-of-delaware-mansions/) - Sarah Dodd See Full Bio - [Tree Officers: An update of the meeting with the MTOA](https://www.treelaw.co.uk/meeting-with-the-mtoa/) - I was so happy to get to meet and speak to the MTOA at their December meeting in Birmingham. I was talking about Tree Root Subsidence which is my hot topic given the link between Tree Law and my current position as Chair of the Subsidence Forum I started the session telling my story. Owner - [Tree Officers: a round-up of the NTOA conference](https://www.treelaw.co.uk/a-round-up-of-the-national-tree-officers-conference/) - Im sat here reflecting on a very interesting day at the National Tree Officers’ conference which went ahead in Leeds on 6th November. Wondering how to capture all of the nuggets of information that I picked up and so I thought I would share it with others who might be interested by way of a - [Case Law: Khan & Kane v Harrow Council](https://www.treelaw.co.uk/case-law-khan-kane-v-harrow-council/) - The 2013 case of Khan & Kane v Harrow Council the Court addressed the issue of foreseeability. The Claimants, Mr & Mrs Khan owned a house in the London Borough of Harrow. They alleged that tree roots from a neighbour's tree had caused subsidence damage to their property. The first defendants, Harrow Council, was responsible - [Podcast: RiskACUMEN](https://www.treelaw.co.uk/podcast-riskacumen/) - https://open.spotify.com/episode/6XIlUu4xb1r9BOFreAq4dZ?si=RAU7MfTbR-iu6XrYn0JE1w - [Podcast: Roots & All](https://www.treelaw.co.uk/podcast-roots-all/) - https://open.spotify.com/episode/5daU2WKfcL93HonMk8cODV?si=Ot9vfK6OSSu6HitdbD6U9w - [Home owners: are you a joint tenant or tenant in common?](https://www.treelaw.co.uk/home-owners-are-you-a-joint-tenant-or-tenant-in-common/) - Joint Tenants vs Tenants in Common - what is the difference? Let's start at the very beginning. A property (or land) is owned in two ways, legal ownership and beneficial ownership. Legal Ownership The legal owner of a property is the person, or people, noted on the Title Register for that property. The legal owner - [Law of nuisance: is there a right to light?](https://www.treelaw.co.uk/oi-youre-blocking-my-light/) - Sarah Dodd See Full Bio - [National Tree Week](https://www.treelaw.co.uk/national-tree-week-has-landed/) - I remember when National Tree Week landed last year, at the beginning of my first year of business and I was excited to have a reason to post about my favourite trees each day. Reflecting back on those posts, I feel even more strongly that my favourite tree was the apple tree in my grandparents’ - [Law of nuisance: the tree wasn't a problem until you built that!](https://www.treelaw.co.uk/coming-to-a-nuisance/) - In the UK we live in towns and cities where space is at a premium and where we want to retain urban trees for all of the benefits trees offer us. However, living in close quarters, properties and trees often come into conflict. Where a client is facing a claim that their tree has caused - [Home owners: How to make an insurance claim](https://www.treelaw.co.uk/how-to-make-an-insurance-claim/) - Sarah Dodd See Full Bio - [Planning authorities in Wales: the numbers of illegal fellings](https://www.treelaw.co.uk/illegal-tree-felling-in-wales-the-numbers-are-in/) - The News Back on 24 November the Guardian newspaper reported into data which had been obtained from the Forestry Commission into illegal felling of trees. This was England-centric data and I asked those who commented on my post whether they’d be interested in hearing the same data for Wales, by way of a comparison. The - [Looking for a lawyer? We are not just tree specialists](https://www.treelaw.co.uk/we-are-not-just-tree-specialists/) - Since I started Tree Law I have been focused on a niche of claims involving trees. What I forget to tell people is that I am able to deal with other civil property disputes involving damage to property, insurance cover and claims to recover damages. In particular: Flood damage Another peril likely to be made - [Home owners: being overlooked as a legal nuisance](https://www.treelaw.co.uk/law-of-nuisance-refresher/) - Imagine this…..every year 500,000 people peer at you through your window. Some of them actually taking photos of your home and invading your privacy. What would you do? Could the law help you? That’s exactly what happened in the case of Fearn & Others v Tate Gallery [Feb 2023]. We have all heard of the - [Insurers: how to get access to neighbouring land for repair work](https://www.treelaw.co.uk/🎶neighbours-everybody-needs-good-neighbours-🎶/) - Not everybody can be as happy as the residents of Ramsey Street. I remember back in the 1990ies my 5:30 fix of Neighbours was an important part of my day. Sadly though, good neighbours don’t always become good friends. What happens where a property has suffered damage and needs to be repaired but, in order - [The story so far....](https://www.treelaw.co.uk/the-story-so-far/) - If you’re anything like me, there is nothing like a good old chronology to work out where things started, where they have reached and what’s likely to happen in the future. The Paris goal of limiting global temperature rise to 1.5 degrees all relate to pre industrial temperatures. Therefore the industrial revolution seems like a - [What is it that you actually do?](https://www.treelaw.co.uk/what-is-it-that-you-actually-do/) - Check out Tree Law’s flipbook to see what we are all about: https://heyzine.com/flip-book/de4e28530f.html Sarah Dodd See Full Bio - [Gazing into the Legal Future](https://www.treelaw.co.uk/gazing-into-the-legal-future/) - In my journey to set up Tree Law I regularly cite the Legal Futures Innovation conference as one of the most inspiring events of my career and a catalyst for my decision to launch my own firm. I am delighted to have had the opportunity to speak to Legal Futures this week about Tree Law - [It's a little bit funny...](https://www.treelaw.co.uk/its-a-little-bit-funny/) - Isn’t it funny how, when our weather turns bad, reference to climate change goes from being made in the future tense to something in the here and now 🤔 Strong winds causing chaos with fallen trees and other flying debris, power cuts, travel affected and now wide spread flooding. Will flood defences built continue to - [#IWD2022 Break The Bias](https://www.treelaw.co.uk/iwd2022-break-the-bias/) - 🚀 Launching the week of International Women’s Day 2022 Never has it been a more critical time to include and celebrate women in all areas of life and at all levels of business Launching my own business and creating my network has seen me reflect a lot on differences between men and women in the - [What's the value of a tree?](https://www.treelaw.co.uk/whats-the-value-of-a-tree/) - I want to pick up on a topic that I talk about a lot, the value of trees. How do we go about putting a monetary value on a tree? 💷 🌳 Some trees might simply be ‘priceless’ – the ancient trees that we know have survived for hundreds of years and are rare, beautiful - [Tree Law TV launches](https://www.treelaw.co.uk/tree-law-tv-launches/) - 🎦 Launching Tree Law TV🎦 First topic – when you’re allowed to cut back your neighbour’s overhanging branches Sarah Dodd See Full Bio - [Duty of care in 90 seconds ⏱️](https://www.treelaw.co.uk/duty-of-care-in-90-seconds-⏱️/) - Sarah Dodd See Full Bio - [Overhanging branches, the TPO edition](https://www.treelaw.co.uk/overhanging-branches-the-tpo-edition/) - Sarah Dodd See Full Bio - [Foreseeability & Causation](https://www.treelaw.co.uk/foreseeability-causation/) - Looking at part 2 of the negligence test, foreseeability and causation. Sarah Dodd See Full Bio - [What is tree root subsidence?](https://www.treelaw.co.uk/what-is-tree-root-subsidence/) - Getting your head around the mechanics of tree root subsidence damage can be tricky. If you’re worried out whether your property might be at risk of damage then a good starting point is to understand how damage from tree root subsidence happens. What factors combine to put a property at risk? Certainly not an exhaustive - [Annoyed by a hedge](https://www.treelaw.co.uk/annoyed-by-a-hedge/) - When I launched Tree Law, I had soooooo many people ask me what to do when a neighbour annoys you with the height of their boundary hedge. So here you go, a quick look at what to do to navigate a neighbour hedge dispute Enjoy Sarah Dodd See Full Bio - [Subsidence risk in a changing climate](https://www.treelaw.co.uk/subsidence-risk-in-a-changing-climate/) - Writing this in the midst of the 2022 heatwave, there can be no doubt that the impact of climate change is upon us. Record-breaking hot dry weather has led to an upturn in subsidence claims with suppliers launching their surge plans ready for record-breaking claim numbers from now into the autumn and beyond. Whilst insurance - [Japanese Knotweed risk](https://www.treelaw.co.uk/japanese-knotweed-risk/) - Sarah Dodd See Full Bio - [Hello, pleased to meet you!](https://www.treelaw.co.uk/hello-pleased-to-meet-you/) - Sarah Dodd See Full Bio ## Pages - [Home](https://www.treelaw.co.uk/) - Need legal help with trees? Tree Law Specialists UK is the only firm in the UK dedicated to all tree-related legal disputes. - [Lance Daep](https://www.treelaw.co.uk/our-people-new/lance-daep/) - Lance Daep Paralegal Contact Biography Lance Daep is a law student at Cardiff University, currently in his second year of his LLB and on track for a first-class degree. 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As a second-generation migrant, he is driven by a strong sense of fairness and equality, values that shape both his approach to the law and his - [Helen Wilson](https://www.treelaw.co.uk/helenwilson/) - Helen Wilson Managing Partner Contact Biography Helen Wilson is a highly experienced Litigation Lawyer with over 19 years’ post-qualification experience acting for leading financial institutions, public bodies, commercial organisations and professionals. Known for her calm authority, strategic thinking and exceptional client care, Helen specialises in complex, high-value disputes and regulatory matters. 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He worked Eversheds Sutherland for nine years, where he acted for financial institutions and commercial clients on a wide range of contentious matters.Phillip has experience - [Vicky Mantle](https://www.treelaw.co.uk/vicky-mantle/) - Vicky Mantle Client Onboarding & Operations Coordinator Contact Biography Vicky has over 15 years’ office experience and spent nearly 12 years at NewLaw Solicitors where she worked her way up from admin assistant to coordinator then to assistant manager of the operational support team, where she played a key role in ensuring the smooth running - [FAQ](https://www.treelaw.co.uk/faq/) - 1. What type of cases do you handle? Our specialism is trees so if you have any sort of case involving a tree then we can help. However, we are not just tree specialists. 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