In practice this means that if a tree fails and causes damage to a person or property then the tree owner may be liable. 2.1 Tree disputes vary in character and complexity because of ecological and interpersonal factors. This is because nature strip tree roots can only enter into damaged or poorly sealed stormwater pipes, which the property owner is responsible for maintaining, under our General Local Laws. roots causing damage to your property branches blocking sunlight from solar panels or TV reception. Mr and Mrs Khan owned a property in Stanmore, Middlesex. If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online. It may also be worth exploring other options than removing the tree roots, such as the installation of a root barrier, to lessen the chance of damage to the tree. tree root damage to foundations. Illegal plantings can interfere with drains or public works, or they may be considered inappropriate for a particular environment. Trees near your home don't have to crash through your roof to cause damage. The property was constructed in about 1981, and it comprised a two storey detached house with attached single storey garage. Tree root damage. The council or State Government department should arrange for an arborist to inspect the tree and carry out any maintenance work that is needed to make the tree safe. Council land. However, Councilâs ownership of the tree does not create an automatic liability in the event of a tree causing damage. If your treeâs roots affect your neighbourâs property, that is also your responsibility. A property owner is responsible for trees, and vegetation, growing within their property. This decision repeated the historical rule of law that encroachment by roots is a nuisance for which damages will lie if damage to property is caused. Background. Under normal circumstances, we will not remove your nature strip tree, even if the tree roots are blocking a stormwater drainage pipe. The owner of a tree (or the land on which it grows) is responsible for any damage which its' roots cause You need to make a claim against the council. If you want to plant trees or shrubs on council land, you must get permission. Blocked drains and lifted paving may also be a problem. Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways and vehicles. The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. Allowing tree roots to encroach on your neighbourâs land constitutes common law, private nuisance. Trees and Shrubs. There are a number of things you can do if your neighbourâs tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. Call your local council to check if the tree is protected. The law in relation to claims alleging damage from tree roots previously centred on the House of Lords decision in Delaware Mansions Ltd v Westminster City Council [2002]1 AC 321. However, for a neighbour, the same tree may become a cause for concern if it is likely to damage their property or cause harm to its occupants. Insurance companies and the Courts view this as an âAct of Godâ. Most trees growing near buildings cause no damage. Suing council for tree root damage - Page 2. Under the Civil Liability Act it is unlikely Council will be responsible even though it is a Council Tree. The law of nuisance may provide several remedies depending on whether the tree has caused, or is likely to cause, actual damage or loss. See Stormwater drainage. But in some cases, subsidence and structural damage can be linked to tree roots. Comment: The council defended this claim for damages for root encroachment to drains, citing the recent judgment in Berent v Family Mosaic Housing (Court Circular, September 2012). In this latest article for local authorities, Gabriel Fay looks at an interesting recent case, Burge & Anor v South Gloucestershire Council, where instead of following this traditional approach in seeking compensation for such damage, the claimants brought a claim against the⦠Or contact Council. A common problem is when the roots of a tree grow into the foundation of a home or the water entry pipe. Consent is still required for diseased or dying trees. The tree owner also has a duty under the Occupiers Liability Acts to take reasonable steps to ensure visitors or trespassers on their land are safe. There must be some demonstrated act or omission of negligence by Council. Who is responsible for the repair? The legislation that applies to Councilâs responsibility for damages resulting from potholes or any other hazards on its roads is the Civil Liability Act 2002 (NSW) (the Act). As your local Council owns the trees on Council property, it has a duty to take steps to eliminate the risk of damage caused by Council tree roots which is reasonably foreseeable. This might not be what you want, but that doesn't automatically make it ⦠Furthermore, if the roots from your tree encroach on your neighbours land and cause damage to their property, you can be potentially liable for this. This page explains who is responsible for maintaining drains and sewers. Trees and subsidence. (J.K., via e-mail) A:Probably you. If you intend to remove a lot of tree roots or very large tree roots, or if the roots are very deeply rooted, consider employing a tree surgeon or arborist to carry out the work for you. 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