Neighbour Disputes: Getting to the ‘root’ of the problem

Many people overlook the costly potential damage which can be caused, sometimes completely unknowingly, by a tree root. It can create major issues for you and your neighbours and cause significant damage to property in the process. The ‘owner’ of the tree can be responsible for any damage caused by the roots, provided the tree root has materially contributed to the damage.

Should I have seen this coming?
There is no hard and fast rule here, it is important to ascertain the degree of risk. To succeed in a claim, it must be proven that the risk was reasonably foreseeable and not just a vague possibility. There are ways in which an owner can assess the degree of risk. They should have regard to the age of the property (naturally, newer buildings are more likely to have taken things like trees into account at any early stage), any known conditions which affect the land and whether or not there has been any damage caused in the area as a result of tree roots. The Courts have stated that the reasonable actions of the tree owner are linked to the foreseeability of the risk of the damage.

How proactive should I be?
The practicality of avoiding or reducing the risk is an obvious cause for concern for any affected land owner. The costs of preventative actions can be timely and financially inappropriate and often you may not have the time to do anything about it, if the problem is noticed at too late a stage. Under these circumstances, where there is not enough time, or nothing practical that can be done, it can be acceptable conduct for the tree owner to do absolutely nothing.

Tree owners are not expected to take extreme measures where the risk is minimal, although it has been proven that regular pruning of the tress can be helpful in avoiding problems in the future (if done frequently). It is therefore a difficult thing to measure for the ordinary homeowner and emphasis is placed mainly on what is reasonable in any given situation. In the first instance, a reasonable person whose land is being damaged or is at risk of being damaged from the tree of a neighbouring property, should advise the owner of the potential risk. This will allow them to then assess the situation and take proportionate action to that risk. The legal consequences of this are obviously a little more complex than this and it is always a better option to seek impartial advice to avoid unnecessary spending at a later point.

What level of protection or repair can I expect from the law?
Naturally, those who are suffering from the nuisance are entitled to having the nuisance stopped, but there can also be additional claims for damages and injunctions which could be made to force the owner to prune or cut down the tree. These can be extremely effective in resolving the situation as amicably as possible. For a full overview of the different options and remedies available to you, do not hesitate to contact me on 01942 206060.

If you find yourself on the receiving end of a tree root, or even if it is your tree root which may have caused such damage, it is important that you have quality legal representation to help you resolve the issues at hand. The litigation department at MBH is headed up by an experienced partner with extensive experience in resolving all kinds of neighbour disputes and is readily available to give you your piece of mind.