info on legal constraints needed!

[timberman]

i need a little info on the legal constraints when undertaking tree surveys and inspections

 

any information will be much appreciated

 

thanks

[armybloke]

i need a little info on the legal constraints when undertaking tree surveys and inspections

 

any information will be much appreciated

 

thanks

 

May need a few more specifics to your request. For example you just can't enter private property to inspect a tree without consent from the landowner....Is this what you mean?

[timberman]

May need a few more specifics to your request. For example you just can't enter private property to inspect a tree without consent from the landowner....Is this what you mean?

 

i need to no the general law side of things, and what legal considerations i would have to consider when carrying out a VTA

[Tony Croft aka hamadryad]

Pro indemnity insurance, permission to access site is all you need legally.

 

or is there a more specific question you want to ask but dont know the question yet?

[Tony Croft aka hamadryad]

you could always get a copy of tree surveys a guide to good practice of the AA website

 

tree

[timberman]

Pro indemnity insurance, permission to access site is all you need legally.

 

or is there a more specific question you want to ask but dont know the question yet?

 

its an assignment for my college work, its states:

 

you must explain and discuss legal considerations when undertaking tree surveys and inspections, identify legal constraints or statute legislature regarding tree inspections and surveys.discuss the legal implications for the inspector and for the land owner who does not have their trees inspected.

 

thats what i need help with

[janey]

It's quite a broad question, isn't it? (cue ironic understatement).

 

In no particular order, these quickly sprung to mind:

 

Planning constraints (Con areas, TPOs)

SSSIs, ancient monuments etc

Protected species, eg, bats

Occupier's liabilty

Duty of care

Robust caveats in your report

Risk assessment(s)

 

A tree owner has a legal obligation to ensure that their trees are inspected on a regular basis by a competant person, though as is often the case, terms like "regular" have not been legally defined.

 

Um, sorry, my mind's gone blank now . Hope the above is of some help.

Edited April 4, 2011 by janey

[timberman]

It's quite a broad question, isn't it? (cue ironic understatement).

 

In no particular order, these quickly sprung to mind:

 

Planning constraints (Con areas, TPOs)

SSSIs, ancient monuments etc

Protected species, eg, bats

Occupier's liabilty

Duty of care

Robust caveats in your report

Risk assessment(s)

 

A tree owner has a legal obligation to ensure that their trees are inspected on a regular basis by a competant person, though as is often the case, terms like "regular" have not been legally defined.

 

Um, sorry, my mind's gone blank now . Hope the above is of some help.

 

thanks that should help

[AA Teccie (Paul)]

Just a quickie here, a tree owner does not have a legal duty to have their trees inspected by a competnet person generally speaking, only perhaps when it is reasonably expected they should do so, i.e. big old tree with several defects overhanging a busy road junction. Recent case law (sorry can't remeber which one) demonsatrated this when Mrs Miggins, who was a keen gardener, made observations that nothing untoward or different in the appearance of the tree hence the failure of a limb, and resultant damage to 3rd party car, was deemed not forseeable and hence not negligent.

 

The National Tree Safety Group (NTSG, search them) will be issuing guidance very soon I beleive.

 

In meantime have a read of the FC publication below.

 

Good luck

Paul

 

PS Too large to upload, search fcpg13

[skyhuck]

Pro indemnity insurance, permission to access site is all you need legally.

 

or is there a more specific question you want to ask but dont know the question yet?

 

I'm pretty sure insurance is not a legal requirement, but you would be very stupid not to have it.