Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 39
unnecessary or unlawful cutting can trigger claims,
enforcement action by the LPA, criminal sanctions
if the tree is protected by a TPO and reputational
problems. Where tenants, leaseholders or
neighbouring owners are involved, the contractual
position may also matter. The relevant lease, transfer,
estate regulations or management agreement
may determine who is responsible for inspection,
maintenance and costs.
The best approach is evidence-led. Before taking
action, parties should obtain photographs, check
title and boundary documents, ask the local
authority about protected status, keep records of
complaints, preserve expert arboricultural reports
and notify insurers where damage is alleged. If the
issue is capable of resolution, correspondence should
be 昀椀rm but practical. If it is not, the legal route
should be chosen carefully: nuisance claim, access
application, injunction, insurance process, local
authority complaint or negotiated undertaking.
Tree disputes can be emotional because they concern
homes, privacy and amenity. But they should not be
handled emotionally. The earlier the legal, factual
and expert issues are identi昀椀ed, the more likely it is
that the dispute can be contained before a branch
over the fence becomes a fully rooted piece of
litigation.
Tel: 0161 737 0111 Mob: 07831 292 529
Email: gk@longdencook.com Web: www.longdencook.com
Head Office: Victoria Buildings, 9-13 Silver Street, Bury BL9 0EU
Commercial & Residential Valuation
We provide well researched and robust expert survey reports for matters such as;
Property valuation disputes including family and business separation; professional negligence cases; rent review & lease renewal matters;
dilapidations; restrictive covenants; and boundary disputes. We also undertake commercial and residential block management.
Gareth Kreike MRICS has been a member of the RICS since 1992 and an RICS Accredited Expert Witness since 2008.
Covering the wider Greater Manchester, north Cheshire and south Lancashire region.
EXPERT WITNESS JOURNAL
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AUGUST 2026
