14 Arbor Age / September 2014 www.arborage.com
PLANT HEALTH CARE PLANT HEALTH CARE
On any given day, arborists throughout the country are
unwittingly dragged into neighborly confl icts. Trees are almost
universally praised for the benefi ts and beauty they bring to
the neighborhood. On the other hand, that same tree is al-
most universally damned when it bothers one neighbor but
is owned by another. It's not uncommon for a pruning crew
to be requested to "show up on Thursday when I know my
neighbor will be gone" or give advice as to whether or not
this guy's branches can be pruned back to improve their views.
So, what can you tell your client, and what should you be
practicing to keep yourself out of a lawsuit as well? Let's take a
look at some common "frequently asked questions" arborists
get about trees, their neighbors, and the law.
Full legal disclaimer: These are the "general rules of thumb"
around the country, but, of course, there are local laws and ordinances
that will supersede these. Always get to know your local laws by con-
tacting the municipal forester or through your local ISA Chapter. I
also found the real estate industry to be very helpful when researching
this article, as it turns out trees and their ownership come up frequently
when purchasing property.
Is this my tree or the city's tree?
Local ordinances will determine which trees are considered
public and which are private. Trees in parks and on other public
grounds are certainly considered the city's responsibility, but it
Trees and
Neighbors
Or, some good advice so you
and your client don't get sued
B y B r a n d o n
G a l l a g h e r W a t s o n
Damage caused by a hazard tree may be the owners responsibility.
Determing public or private trees may vary by city.
AND
THE
LAW
