Tree Law Experts – Arboriculture

Falling branches, nuisance trees, boundary trees, encroachment ... The application of traditional considerations of tort, property and contract law to trees often confounds municipalities, government agencies, utilities, construction contractors, landowners and recreational enthusiasts. Consequently, the rights, duties, and liabilities governments, people or entities have to trees are an area of substantial interest and controversy.

Victor Merullo, a principal at Treeandneighborlaw.com, is a nationally-recognized expert on arboriculture law, often known as tree law. He regularly lectures at seminars throughout the United States and is co-author of several books and publications devoted exclusively to the law of trees, including Arboriculture and the Law and Arboriculture Law in the Northeast.

Arboriculture law is the law that applies to trees, hedges and shrubbery. Arboriculture law governs where and how trees are grown, where and how trees are used, ownership of trees, and the rights and duties of owners and others toward trees. As arboriculture law has developed over the centuries, it has adopted principles of environmental law, natural resources law, real property law, and personal injury law. In the context of everyday living, principles of tree law are applied in boundary dispute cases, when a tree overhanging a neighbor's house falls, damaging the house, or when a landowner's trees encroach on a highway, obstructing views and contributing to accidents.

In Ohio, for example, city or county governments may be liable if the failure to prune a tree obscures a stop sign, and an accident results; or if a failure to maintain a tree causes a branch to fall and injure someone. Utility arborists may also face liability over easements (permissions to do something on someone else's land) related to trees near electrical lines. Victor Merullo has lectured extensively on the topic of municipal arborist and utility arborist liability, and he is available to work with attorneys and clients facing arboriculture issues as co-counsel or an expert witness.

If you have any questions, or wish to make an appointment to speak with us regarding a tree or arboriculture law issue, please call our Columbus, Ohio, office at (877) 497-TREE. If you prefer, you may e-mail us, or fill out the form on the Contact Us page of this website, and a representative will be in touch with you as soon as possible. We look forward to hearing from you!