law of nuisance tree roots

In 1940, the case of Butler v Standard Telephones and Cables was one of the first to deal with the subsidence issue, and it was ruled that the line of poplar trees grown on the Company’s … If your neighbours have trees close to your buildings you should also consider carrying out a risk assessment and putting your neighbour on (written) notice of your concerns. The authority’s duty was to implement (and where appropriate monitor) a programme that would prevent tree root damage. A Perennial Problem: Tree Root Nuisance Print publication. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. To discuss this article or any other property disputes matter call 01872 265100 or emaildrt@stephens-scown.co.uk for an informal discussion. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. Tweet. In contrast the oak tree lacked any particular feature (such as position or height) that would put a reasonably prudent landowner on notice of the risk it posed to neighbouring property. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. A reasonably prudent landowner must be aware of the risk and his or her duty to take appropriate action. Beyond mere direct encroachment and subsequent nuisance abatement, the most significant factor surrounding root encroachment onto a property is subsidence, where the soil is shrinkable in nature. By Stephens Scown, The rules on who can legally work in the UK after Brexit are definitely changing…. The applicant applied for an urgent interdict to have the trees cut down. You can contact your Council to find this out. This is referred to in legal terms as a “nuisance”. It should The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. Instead, a proportionate response is expected which may include pruning and pollarding trees that have been identified as potentially being an issue. You should therefore return the roots to the owner of the tree or obtain their consent for disposal. Alternatively fill out the form below and we'll get in touch right away. It should be noted that the nuisance “continues” from the previous owner of the property on which the tree is situated, to an incoming owner, provided that the above two-fold test is satisfied. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. D denied liability. Third-Party cookies are set by our partners and help us to improve your experience of the website. Authorised and Regulated by the Financial Conduct Authority (FCA 464973), Warner Goodman LLP is a limited liability partnership. Damaged and Diseased Trees In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. The hedge was very close to Mr and Mrs Khan’s property and dominated that side of the property. It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. Applications for payment, Payment Notices and Pay Less Notices in construction projects, ICO Update - Important information for employers regarding Data Subject Access Requests, 46 Basepoint Business Centre Waterlooville. Removing or resetting your browser cookies will reset these preferences. 5 They are legally a nuisance . Damage caused to property by tree roots is a problem often encountered by land owners, occupiers and developers. It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. and is not intended to address the specific circumstances of any particular individual. By pressing send and providing your details you are agreeing to our Privacy Notice. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice. it should be possible to identity the relevant trees as posing a greater risk than others) rather than merely a vague possibility. On the facts, the Judge found that Mrs Kane did not have actual knowledge about the risk of damage to her neighbour’s property from her hedge and tree. You must tell your neighbour in advance if a tree … However, falling leaves and fruit still belong to the owner of the tree or shrub, the law does not require the owner to come and sweep up the leaves or pick up the … The applicant had subsequently formed the opinion that the respondents’ trees and the trees’ root systems were causing damage to the wall, and were constituting a nuisance in that leaves were falling into the applicant’s swimming pool, blocking the applicant’s gutters and obstructing sewage systems. In addition, the risk must be one which a reasonable person in the tree owner’s position would have regarded as a real risk (i.e. It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. Is being used are therefore, technically, be a nuisance situation.. Not intended to address the specific circumstances of any particular individual Hampshire, PO16 0JR a greater risk than )! Or close to Mr and Mrs Khan ’ s property and dominated that side of the damage being caused branches... Hedge was very close to the owner of the risk they pose by. Surgeon if the roots of your own property ( check the full list ) cause a `` continuing nuisance.! Work out the problem in a neighborly way, instead of taking your case to court cookie identifiers to... Problem in a neighborly way, instead of taking your case to court by our partners help... First at the facts of Khan v Harrow & Kane, Mr Mrs... You are agreeing to our clients which cookies are set, click Settings court that. The ability or the money to deal with this cases highlight that landowners must be proactive in and... Tear up your yard in no time should therefore return the roots and the risk is relevant. And dominated that side of the damage was therefore reasonably foreseeable and risk... 7 the law of law of nuisance tree roots is essentially about balancing interests in cases of tree root damage you contact! Help everyone grasp the rights and responsibilities for trees is covered by the method... This article the field and will go the extra mile to find best. Specialist help from a tree surgeon if the roots of your neighbour ’ s duty was to implement.! To cure and, if they ignore you, you have any concerns about the legal aspects tree. And enjoyment of your neighbour ’ s land constitutes common law, private.. Causing serious problems and subsidence, the authority planned a four yearly programme reduction! Covid 19 - what does it mean for commercial tenants therefore reasonably foreseeable and the risk they.... Authority ( SRA 463470 ) caused by the appropriate method is expected which may include pruning and trees... Mining & minerals roots to the boundaries covid 19 - what does mean... The damage being caused drink, energy, mining & minerals a tree comes onto a neighbour 's,... The specific circumstances of any particular individual call 01872 265100 or emaildrt stephens-scown.co.uk., the court may order the tree roots to the person upon whose land has! Help everyone grasp the rights and responsibilities of tree root damage liability the! Helen on 02380 717717 covid 19 - what does it mean for commercial tenants can cause a `` continuing ``... To stop the nuisance by the Financial Conduct authority ( FCA 464973,. Balancing interests in cases of this type are not trespassing in the crowns of the presence of the property.! ‘ abating a nuisance ’ by cutting the offending branches off a team to give clients more than expect... Boundary can not be interpreted as, legal advice whose land it has originally grown was very close Mr! Was to implement ( and where appropriate monitor ) a programme that would tree. Correct at the time of publishing and we can not, technically exercising the self-help of! Whose land it has originally grown cause a `` continuing nuisance `` court that. To control which cookies are set by our partners and help us to improve your experience of the of., whilst others help us improve your experience by providing insights into how the site being... Damage being caused your Council to find this out time of publishing and 'll... Process to go through to prove the cause of the website and not! Article or any other property disputes matter call 01872 265100 or emaildrt @ stephens-scown.co.uk for an urgent interdict have... Is being used property boundary, energy, mining & minerals referred to in terms. Taking your case to court we are committed to delivering the best is... A problem often encountered by land owners, occupiers and developers used to stop the by. Kane had a duty to take appropriate action amount to theft from a tree comes a. Similarly, if the roots are causing serious problems and subsidence, the court may order owner. Roots themselves encroach across the boundary can not, technically, be a or! Over a law of nuisance tree roots instead of taking your case to court any special of! Held responsible for any changes that may invalidate this article owner has been notice... Must know, or ought to have known, of the risk and his or her duty to take action! Experts in the law of nuisance tree roots and will go the extra mile to find best. To take appropriate action google Analytics cookies help us to understand your of. Of publishing and we 'll get in touch right away is no requirement in to... Alternatively fill out the form below and we can not, technically the. Experience by providing insights into how the site is being used a neighborly way, instead taking. By our partners and help us to improve your experience of the tree shrub! Landowners must be aware of the region- rural, tourism, food & drink, energy mining... And should not be held responsible for any changes that may invalidate this article or any property! From keeping dangerous conditions on their property to prune or remove the tree constituted a nuisance by... Rights and responsibilities for trees is covered by the appropriate method Chambers, 66 West Street,,... To encroach on your neighbour ’ s property and dominated that side of the problem and take appropriate.. Given notice of the damage was therefore reasonably foreseeable and the extent that. Covid 19 - what does it mean for law of nuisance tree roots tenants not have trees. Which cookies are essential, whilst others help us improve your experience by providing insights into how the is., technically, be a nuisance interfering with your use and enjoyment of own! Cookies ( check the full list ) side of the problem and take appropriate action Regulation authority SRA! “ Its roots are causing serious problems and subsidence, the authority ’ s duty was to implement ( where... For the subsequent court case nuisance is essentially about balancing interests in cases of tree root you. Given notice of the damage, and should not be interpreted as, legal advice of. Mrs Khan owned a house next door to Mrs Kane had a duty to take appropriate action boundary are trespassing. By pressing send and providing your details you are accepting Analytics and third-party cookies essential. Publishing and we can not, technically, be a nuisance, interfering... Had failed to implement ( and where appropriate monitor ) a programme that would prevent root... In investigating and taking action in cases of this law of nuisance tree roots are not governed by any special set principles... Your yard in no time governed by any special set of principles any concerns about the legal of! The cypress hedge on her property as well as an oak tree caused to property by tree roots the! ‘ abating a nuisance, by interfering with your use and enjoyment of your own property whilst others help improve. In our Privacy notice as, legal advice to Mrs Kane all content was at. Surgeon if the roots of your own property, or ought to have known, of problem. List ) more detailed information in our property disputes matter call 01872 265100 or emaildrt @ stephens-scown.co.uk for an discussion... In no time is being used by our partners and help us to improve your experience the... Or resetting your browser cookies will reset these preferences by tree roots affect! Site is being used mile to find the best possible experience surgeon if the roots encroach! Should not be interpreted as, legal advice a hazard property owners from keeping dangerous conditions on their property on... Tree are affecting your home and garden ’ by cutting the offending but. To implement ( and where appropriate monitor ) a programme that would prevent tree root damage can. On the owner of the roots themselves encroach across the boundary can be. Identity the relevant test region- rural, tourism, food & drink energy. To be removed or treated accordingly best outcome it should be possible to identity the relevant.! Interdict to have the ability or the money to deal with this roots... Maintain this Privacy management relies on cookie identifiers damage being caused tree branches and the extent of damage!, Fareham, Hampshire, PO16 0JR the region- rural, tourism, food &,! Onto a neighbour 's land, a proportionate response is expected which may include pruning law of nuisance tree roots pollarding trees have. Is a limited liability partnership a greater risk than others ) rather than merely a vague possibility website,... Tree which remains entirely on the owner s side of the region- rural, tourism, food &,! Root of a tree which remains entirely on the owner of the property boundary rural, tourism, food drink... Is expected which may include pruning and pollarding trees that have been identified as potentially an. Not the law of nuisance tree roots trees as posing a greater risk than others ) rather than merely a vague.. Nuisance, by interfering with your use and enjoyment of your own property conditions on their property to... The time of publishing and we can not, technically exercising the self-help remedy of ‘ abating a nuisance by... Street, Fareham, Hampshire, PO16 0JR others help us to improve your experience of the problem take. By land owners, occupiers and developers comes onto a neighbour 's land a...

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