Trees and the law in Scotland


‘There is very little written about the law of trees in Scotland.’ There is more now following the publication of the second edition of “The Law of Trees, Forests and Hedges” by Charles Mynors, in which Westwater Advocates’ Sir Crispin Agnew QC has contributed the chapter “Trees and the law in Scotland” and made other contributions to parts of the book.

When Scottish legal writers mention trees it is more often than not in reference to English decisions. Sir Crispin’s chapter looks at some of the key differences which distinguish Scottish law from the law applying in England and Wales, drawing attention to the relevant Scottish statutes and case law. Ownership of and responsibility for trees, boundary trees and hedges, hazardous trees and the administrative differences relating to tree preservation orders in Scotland are all covered in detail by Sir Crispin.

The book itself is described as a comprehensive reference on the large a dispirate body of law relating to trees, forests and hedgerows, which has been brought up to date to include new regulations under the Planning Act 2008, the Anti-Social Behaviour Act 2003 and the Plant Health Order 2005.

For a list of Westwater Advocates with expertise in:

  • Agricultural law click here, and
  • Environmental law click here