
Technical advisor trees in legal disputes
Technical tree care advisor in legal matters
If you have landed on this page about a technical advisor in tree care, you probably have a lot of questions about a conflict or dispute about trees.
You may wonder whether the claims made by experts or insurance brokers are correct in terms of trees? Or you have the feeling that your trees have not been or will not be treated with care during construction work?
Then we would like to welcome you to b-Tree Tree Care, as your reliable technical advisor for trees and for legal advice about trees.
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In legal disputes or conflicts about trees, as a high-end tree surgeon we provide you with the added value that a landscape or garden architect often cannot offer at all.
As a technical advisor we provide clear and substantiated advice tree advice to your lawyer, so that he can carefully handle the legal side of the dispute. And does not have to delve into the technical matters.
A very well-founded tree technical explanation in your file often makes the ultimate difference.
We have often experienced that.
Not everyone can be a technical specialist
Know that judges and lawyers know the legislation, legal doctrine and rulings well. But they cannot be specialists in every field.
That is why it is important that parties are informed correctly and substantiated about technical matters and factual findings. And that these findings are assessed, interpreted and reported correctly in terms of tree technology. So that everyone understands the impact. Both in the short and long term.
As a tree technical advisor or adviser we provide this information. And present this in a structured report with the findings and necessary tree advice.
There are often certain technical questions that are raised in a dispute. And to which no one can give a well-founded answer. You can count on us for this.
Not just because we have experience in tree care. But also because we are certified tree manager be trained in tree technology.
And have a lot of knowledge about the physiology and morphology of trees. This allows questions to be substantiated and answered correctly.
This often removes stress and uncertainty for all parties involved.
This makes it easier for everyone to reach an agreement and a good solution. Often via an amicable settlement.
With which disputes or tree-related conflicts can we help you?
There are many types of disputes or conflicts possible around trees. And this ranges from damage cases due to a collision to nuisance to neighbours due to excessive leaf fall. The most common cases for which we have been able to help our clients in the past are:
- nuisance caused by neighbours and overhanging branches and leaf fall,
- lack of light due to trees or shrubs that are too tall,
- determination of damages in the event of unlawful and excessive pruning of trees,
- damages determination because of source drainage near monumental trees,
- valuation of trees when unlawful felling or cutting down trees,
- drawing up settlements about trees,
- provide a response for the preservation of trees that third parties wish to leave behind cut,
- analysis of the condition and vitality of trees to determine whether the trees are dangerous or not,
- assessment of whether or not it is correct planting trees by a contractor,
- drawing up objections for permit applications for the realization of construction projects,
- preventing the topping of trees by summoning third parties,
- site visits as a technical tree advisor, together with a justice of the peace to assess the situation and to provide tree technical advice,
- submitting a objection to the felling of trees,
- testimony and technical assistance on it Justice of the Peace,
- and so on.
The age of a tree can be legally important
Because in Belgium the legislation on trees is so widely spread across the various legal domains, from the Civil Code to the Nature Decree and also the Field Code applies in some situations, and legislation has been amended along the way, it is sometimes important to know and be able to prove how old a particular tree is. Just to know under which legislation the tree falls.
We use various significant methods to demonstrate this, such as resistography, map research, or sample with accretion drill.
So you can see that by demonstrating an apparently unimportant element, the matter becomes a lot clearer and you can then assess it much more correctly.
Example case of technical tree care advisor
Despite a settlement (agreement), a tree owner is summoned by his neighbor to have three old monumental trees topped to a height of 15 meters, due to a lack of light in the neighbor's garden.
Since the mature monumental and iconic trees have a height of 24 meters, topping them to 15 meters would not only destroy the trees, but also destroy the overall appearance of the environment. And cause major financial damage to the tree owner (see tree valuation).
The neighbor claimed that the trees were still small when she moved in. We are talking in 2008.
The tree owner's lawyer contacts us as a technical advisor for the trees.
After thorough desktop research and on-site investigation, nothing could be further from the truth.
Cartographic research showed that the trees were already mature in 1971. And that there is a highly likely suspicion, because these are very old lime trees, that they were even present in the mid-1850s according to the topographical map of Vandermaelen (1846 - 1854).
The judge followed the conclusions of the lawyer, who was able to substantiate his legal advice about the trees based on the tree technical report. And this allowed us to demonstrate that the neighbor already knew what she was buying in 2008. Namely a plot of land near large trees, which were already as tall as today.
As a result, the tree owner did not have to take any action. In addition, he was protected from a major financial loss, namely the topping of the trees. The latter was also extensively demonstrated by the necessary valuation calculations in our tree technical report.
Testimonials
Daniel – tree saved from being cut down
“Dear Bert, thank you for your tree technical intervention. We had sleepless nights and are very happy that you were able to turn the case and fend it off. We wouldn't have succeeded otherwise.”
Benoit – trees planted too deeply by third parties and died after one year
“It's great that you were able to map things out so well. Never thought we would see our money back from this. Thanks again b-Tree!”
Greet and Dirk – summons from neighbors to have our own trees pruned
“Huge thanks for the legal advice about our trees and for rescuing us from this unusual situation. We are very happy with the results achieved and realize that this would have turned out differently without your intervention. It was an emotional ride that you guided very well with expertise.”
What is a tree care technical advisor?
A technical advisor or tree care advisor, also known as a tree technical advisor, is a professional who specializes in technical issues and problems surrounding trees and tree care.
As a technical tree advisor, you offer tree advice and guidance to organizations, companies, individuals and lawyers with regard to technical issues and challenges in all types of files. Also very common in legal disputes or legal disputes.
Below are some of the key responsibilities and functions for which you can count on us.
Research and analysis by a technical tree care advisor
First, a technical site visit is carried out to make observations, sometimes with additional investigations if necessary, of the trees or the tree heritage. And trees and observations are carefully inventoried. The state (or condition) of the trees, soil, plants and the like is also mapped out.
Only then do we start analyzing the data.
To arrive at a later date with technically substantiated and sustainable options to solve the problem or achieve the intended result.
All observations and advice are based on factual findings and technical or scientific knowledge and are completely impartial.
Troubleshooting
As a tree technical advisor, helping to solve tree technical problems and challenges that an organization, lawyer or legal advisor is confronted with. We analyze problems and propose tree-based solutions.
A technical tree care advisor also provides advice
As tree engineering consultants, we provide tree engineering advice to clients or stakeholders and assist them in making decisions regarding these issues.
This can range from advice on tree safety risks, how much can be pruned, how a to build a growth site construction, to determine tree values and calculate compensation.
We also provide expert advice on many other matters in tree care.
Project management
Engineering consultants may be involved in project management tasks such as planning, coordinating, and overseeing engineering projects to ensure they run smoothly.
Training and education
Sometimes, as a technical advisor, we provide trees, training and education to employees or customers to keep them informed of new technologies or procedures.
Legal issues
In some cases, technical counsel are engaged to provide legal advice in technical disputes or matters where technical expertise is required.
The specific area in which we specialize as technical advisors is tree care, specifically determining tree values or tree valuation and damage assessments. But also everything regarding plantings, pruning, diseases and pests, species determination and many other matters.
Our goal is to help organizations and people with their technical challenges, tackle them structurally and provide the right advice, based on our technical expertise, to achieve sound and sustainable solutions.
Other useful information
Tree management and forest management
Tree appraisal or valuation of trees
Felling, felling, dismantling or removing trees
Tree pruning or felling price – Online quote
How to prune a large beech tree