Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. 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.
Proving the cause of the damage and the damage sustained
Normally it will be necessary to obtain a report from an arborist confirming that the damage was caused by the roots of the tree in question to succeed in a claim.
It will also usually be necessary to obtain a report from a surveyor confirming the extent of the damage, the remedial work required, the likely cost of such remedial work and any depreciation in the value of the damaged property.
Who can be liable for damage caused by the roots of a tree?
The owner of the land upon which the tree is situated is usually the one who is liable for damage caused by the roots of that tree. However, an occupier of land in question (for example, a tenant) may also be liable if they are in the position to take steps to ‘abate’ (bring to an end) the nuisance. A person who has a sufficient degree of control over the tree may also be liable, even if they do not own or occupy the land upon which it is situated.
Who can bring a claim for damage caused by the roots of a tree?
The owner or occupier of property damaged by the roots of a tree can bring a claim in respect of such damage.
If the damage occurred before the owner of the property purchased it, they can potentially recover the cost of all of the remedial work required, on the basis that the nuisance was a continuing nuisance and there is no need for them to prove that further physical damage has occurred since they purchased the property.
What loss can be claimed?
Typically a claim relating to damage caused by tree roots will comprise of the following:
- the cost of abating the nuisance – for example, the cost of pruning the roots of the tree if the owner or person who has control of the tree fails to take reasonable steps within a reasonable time to abate the nuisance; loss suffered as a result of a reduction in value of the property in question (properties which have suffered subsidence are generally harder to sell and, therefore, it is often difficult to achieve the market value when they are sold); the cost of any remedial works such as underpinning; the cost of alternative accommodation where the owner or occupier is required to move out of the property while the works are being carried out; experts fees, such as those of an arborist and/or surveyor.
For more information on:
- Can a person be liable for damage resulting from the roots of a tree that was not planted by him?