Nationally recognized tree law expert Victor D. Merullo has compiled a thorough and comprehensive selection of case law outlining crucial tree law issues illustrative of the various concepts of arboricultural law as addressed by Kentucky courts. Since, Kentucky’s judicial system is based upon the ideal of following precedent, knowing the outcome of prior decisions will help anyone to know their rights. These important arboricultural cases have been boiled down into simple, straight forward summaries allowing the reader to easily understand the issues and potential legal consequences related to tree law, neighbor law, and arboricultural law; saving an individual and businesses time, money, and headache.
Maintaining a good relationship with a neighboring property owner can often be a challenging task under normal circumstances. However, add the existence of a tree located on the boundary line of the properties and the situation can quickly become more complicated. Often, an issue will arise when one property owner seeks to trim, cut, or altogether remove a boundary line tree without the consent or against the wishes of the other neighbor. With this in mind, it is important to understand the rights of both parties when such a situation arises. Case law summaries will help property owners gain an understanding of one's rights with regards to trees that encroach from an adjoining property. Frequently, such encroachment comes in the form of limbs and/or roots that spread beyond the boundary line of the property upon which the trunk of the tree resides. Having a tree located on your property can expose a property owner to possible claims of negligence from outside parties. Often, such litigation is the result of bodily harm and/or property damage. This is why it is important for those whom own, interact, or are accountable for the care of trees to fully understand what duties are expected of them by law, so, they can avoid being found negligent if a claim does arise.
Each case is categorized and summarized in an easy to understand format that provides for quick comprehension of how Kentucky courts have ruled on the selected topic. Cases of interest include: rights and liabilities of adjoining landowners (boundary line, encroachment), damages (general, treble), negligence, recreational user, and the rights/liabilities of utility companies to maintain trees.
This extensively researched literature contains factual backgrounds of a collection of cases and concise descriptions of each court holding, as well as a list of specific Kentucky statutes related to the field of arboriculture that are insightful, instructional, and essential documents for private landowners, homeowners, arborists, businesses, lawyers, and the general public.