Editing Arborist (section)

== Legal issues ==
Depending on the jurisdiction, there may be a number of legal issues surrounding the practices of arborists, including boundary issues, public safety issues, "heritage" trees of community value, and "neighbour" issues such as ownership, obstruction of views, impacts of roots crossing boundaries, nuisance problems, disease or insect [[quarantine]]s, and safety of nearby trees or plants that may be affected.{{cn|date=September 2024}}

Arborists are frequently consulted to establish the factual basis of disputes involving trees, or by private property owners seeking to avoid legal liability through the [[duty of care]].<ref>[http://joa.isa-arbor.com/request.asp?JournalID=1&ArticleID=2652&Type=2 Common Law Branches Off Into New Directions]; by Victor D. Merullo; Journal of Arboriculture 20(6): November 1994.</ref>  Arborists may be asked to assess the value of a tree<ref>[https://web.archive.org/web/20060830042621/http://www.ianrpubs.unl.edu/epublic/live/g1533/build/g1533.pdf Landscape Tree Appraisal] by David P. Mooter, et al.; University of Nebraska–Lincoln Extension; March 2004.</ref> in the process of an insurance claim for trees damaged or destroyed,<ref>''Guide for Plant Appraisal'', 9th ed; by the Council of Tree and Landscape Appraisers; International Society of Arboriculture; 2000.</ref> or to recover damages resulting from [[Illegal logging|tree theft]] or [[vandalism]].<ref>See also specific legal provisions for "tree theft" such as, for example, the [http://apps.leg.wa.gov/RCW/default.aspx?cite=64.12.030 Revised Code of Washington title 64.12.030] for Washington (State, USA) or similar state, provincial, or local statutes.</ref>  In cities with [[tree preservation order]]s an arborist's evaluation of tree hazard may be required before a property owner may remove a tree, or to assure the protection of trees in development plans and during construction operations. Carrying out work on protected trees and hedges is illegal without express permission from local authorities,<ref>{{cite web|title=A Guide To The Laws Of Arboriculture & Tree Legislations|url=http://www.davefordtreecare.co.uk/tree-surgery-surrey-faqs/the-laws-of-arboriculture-tree-legislation|publisher=Surrey Tree Surgery|access-date=4 April 2014|archive-date=4 April 2014|archive-url=https://web.archive.org/web/20140404192321/http://www.davefordtreecare.co.uk/tree-surgery-surrey-faqs/the-laws-of-arboriculture-tree-legislation|url-status=dead}}</ref> and can result in legal action including fines.<ref>{{cite news|title=Businessman fined £28,000 for felling protected yew tree|url=https://www.telegraph.co.uk/earth/environment/10095375/Businessman-fined-28000-for-felling-protected-yew-tree.html|archive-url=https://web.archive.org/web/20130606103305/http://www.telegraph.co.uk/earth/environment/10095375/Businessman-fined-28000-for-felling-protected-yew-tree.html|url-status=dead|archive-date=6 June 2013|access-date=4 April 2014 | location=London|work=The Daily Telegraph|date=3 June 2013}}</ref> Homeowners who have entered into contracts with a [[Homeowner's association]] (see also [[Restrictive covenant]]s) may need an arborists' professional opinion of a hazardous condition prior to removing a tree, or may be obligated to assure the protection of the views of neighboring properties prior to planting a tree or in the course of pruning.<ref>''Arboriculture and the Law in Canada'' by Julian Dunster and Susan Murray; International Society of Arboriculture; 1997.</ref>  Arborists may be consulted in [[forensic science|forensic investigations]] where the evidence of a crime can be determined within the [[dendrochronology|growth rings]] of a tree, for example.  Arborists may be engaged by one member of a dispute in order to identify factual information about trees useful to that member of the dispute, or they can be engaged as an [[expert witness]] providing unbiased scientific knowledge in a court case.  Homeowners associations seeking to write restrictive covenants, or legislative bodies seeking to write laws involving trees, may seek the counsel of arborists in order to avoid future difficulties.<ref>''Arboriculture and the Law'' by Victor D. Merrullo; International Society of Arboriculture; 1992.</ref>

Before undertaking works in the UK, arborists have a legal responsibility to survey trees for wildlife, especially bats, which are given particular legal protection.  In addition, any tree in the UK can be covered by a [[tree preservation order]] and it is illegal to conduct any work on a tree, including deadwooding or pruning, before permission has been sought from the local council.{{cn|date=September 2024}}