You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. Tree issues can be very disruptive both above and below ground. There may be a merchant near you. Post Only if a tree causes actual damage to an adjoining property can the neighbour take any action in law. The tree has a TPO on it. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. You could try your local garden centre. Therefore, if drains are watertight, roots should not normally affect them. The decision to remove a tree is serious and you may find that the tree is protected by a preservation … The cover also includes the cost of removing any part of the fallen tree that’s above ground. subjected to construction damage or inappropriate pruning. Not only that, but the leaves from the tree are staining your patio too, and there’s a real concern that a branch will fall and damage your fence. Couple of things though! When they absorb water from the soil they can dry the area faster potentially causing subsidence. This is because if the subject tree is ‘successful’ under TEMPO, it will shortly enjoy TPO protection (assuming that it doesn’t already). I use a mix called 'Granta No. Tree Preservation Orders (TPO) and trees in Conservation Areas. Judge backs trees in drains root damage claim showing a judge with a practical approach Kennedy v Bournemouth Borough Council, 17.09.12, Bournemouth County Court. You MUST read the disclaimer (below) BEFORE using the forum. If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. 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. It is worth considering that protecting trees around somebody’s home is an … If you are worried about your own trees, check that your insurance policy covers you for any damage they could cause. Beware Tree Preservation Orders (TPO) and Conservation Areas. Take the situation where your neighbor has a tree on their property that grows over the property line, and that tree’s roots are damaging your cement patio. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. The legal process to get trees felled in these situations can be expensive. This will depend on whether the damage was caused as a direct result of the refusal and the level of damage. Unless specific exemptions apply, it is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy such a tree, without first obtaining permission from the local planning authority. £19.50 for 5kg. However, if the tree had obvious signs of disease or structural weakness, the owner might be sued for any damage caused. The term Nuisance here is used in its legal sense. No liability is accepted for such reliance. It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. However, formal consent may not be required because you could rely on one exception to the requirement for consent: that the root trimming is to prevent or abate a nuisance. I would advise speaking with a specialist tree surgeon prior to carrying out any works. 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. What is the best way to deal with this? There are different varieties of oak trees, but most have shallow spreading roots that may cause damage to house foundations if grown near a house. Problem is, the branching structure is inherently weak, causing all sorts of storm damage in areas with wind, snow or ice. The tree isn't causing any damage. If the ground is too cold for germination then the seed will lie dormant until conditions are right. If you have any of these trees on your land that is of a significant size, then you should take immediate advice from a qualified tree surgeon. This is not the same as the 'standard of the reasonable person' in negligence (because the conduct of the defendant is not scrutinised in the same way); it is essentially a consideration of what is reasonable between neighbours, Re: Neighbours Trees With TPO Causing Damage, http://www.city.londonmet.ac.uk/~mills/ ... rivate.htm. by TO » Thu Feb 16, 2006 9:01 am, Post If they do, there are restrictions on how and when these trees can be cut. This protection makes it an offence to carry out any work to a protected tree or wilfully damage or destroy a protected tree, without the planning authority's permission. Essentially the order prohibits the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the local planning authority’s written consent. In essence the conflict between one person (potential defendant) who wishes to use land and property as he or she chooses and the right of a neighbour (the potential claimant) to peaceful enjoyment. you can seed at any time of year. There's a tree encroaching on my property which my neighbour says has a TPO on it. If a tree has been found to be causing the damage and it is a tree you own, your insurer will inform you of remedial action (such as having the tree felled) required If a tree has been found to be causing the damage and the tree is in a neighbouring garden or land, your insurer will notify the owner of the tree and indicate what remedial action (such as having the tree felled) is required Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. We recommend that work is carried out by a qualified tree specialist. 3' which is formulated to produce fine, dense, shade tolerant turf. ... Damage by trees. ... Q What is the effect of a Tree Preservation Order? The tree grows and an application is sucessfully made to put a TPO on it. If the tree is protected by a Tree Preservation Order (TPO) or growing in a conservation area you must get written approval from the council beforehand. When is best to seed? Some time after, the person who owns the property with the benifit of the RoW wants to start using the way again But the tree is blocking the way. A TPO or Tree Preservation Order, to give it the full name, is an order to protect one or more trees. by Clairer » Fri Jan 20, 2006 1:04 am, Post What does this mean and what can I do about it? by Conveyancer » Wed Feb 15, 2006 11:50 am, Post It is therefore particularly important that trees which are in public places or close to areas to which the public has access are regularly inspected to check on their condition and any necessary works carried out. Questions cannot be answered individually, but we will try to feature them here. Okay, you had probably figured that bit out! by carpinus » Sun Jan 22, 2006 12:44 pm, Post A Tree Preservation Orders (TPOs) are imposed by local councils to protect trees which improve the local … Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. Owners of other properties in the road had submitted claims to D regarding subsidence damage allegedly caused by D’s trees from 1996/97. If a TPO tree is causing damage (nuisance) then it can be abated. Any assistance is truly appreciated! by Clairer » Sun Jan 22, 2006 12:29 am, Post I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he can do. by carpinus » Sun Jan 22, 2006 7:09 pm, Post “A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence— ... of compensation in respect of loss or damage caused or incurred in consequence— ... the grant of any such consent subject to … In all … In relation to outgrowing context, some common sense is needed here: if the trees are being considered for TPO protection ... change: … As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… An arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. Something that can be more problematic is the part of the tree you can't see - the roots growing under the ground. A TPO can't be used to licence Nuisance. The laws of nuisance do not lay down absolute standards. by Treeman » Wed Feb 15, 2006 12:33 am, Post The law has to regulate the inevitable conflicts that arise between neighbouring land owners. Will speak to my local garden centre. From my point of view, two, three or more thousands of pounds to get a tree felled in these circumstance may well be well worth it. [size=84][url=http://ask4help.org.uk/]http://ask4help.org.uk/[/url][/size]. Even though the tree is in your neighbour's garden and even though it has a TPO on it, if it is causing a Nuisance to you, it might be possible to get the tree felled. Also, callery pear and its most common cultivar ‘Bradford’ are considered invasive trees in many states. A TPO can't be used to licence Nuisance. ... been received by the LPA for removal of a tree causing subsidence damage. Liability for damage caused by tree roots. If your drains are blocked by roots you will need a drainage company to assist. Local Council), in addition to the tree owner and their insurer – plus the homeowner with a damaged house and their home … Subsidence is when the soil (particularly clay soil) under a house contracts when it’s too dry and makes the building foundations sink. D was then under a duty to consider what, if anything, would be reasonable … The best advice I can offer is to contact your local council first of all, and check if the trees have a tree preservation order on them (known as a TPO). If not in stock they could perhaps order it in for you. It follows that the tort is substantially based on reasonableness. by Treeman » Mon Feb 13, 2006 7:22 pm, Post However the tree now is well over 8 metres high over hanging the 6’ fence, the tree is that big n bushy it has forced the fence panel to warp and rot - it overhangs my shed roof which was built before the tree was planted-the roof of the shed is wet thro, I often sweep all the dead debris up and put it back over the fence after all it is their mess their tree their property. Check Yellow pages. Garden Law is for general information only and does not constitute professional advice. Actual damage could include branches breaking gutters or dislodging roof tiles and roots causing subsidence to a building. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he can do. There are limited exceptions, such as where a tree is dead or dying, dangerous or a threat to life or property. Unfortunately, highway engineers sometimes also insist on the complete removal of any trees causing visible damage. It is definitely doing damage to my front wall and garage. The court held that by the spring of 2009 it was reasonably foreseeable to D that the maple tree's roots could cause blockages to the drains to C's property. Also, given the density of tree cover in Mole Valley, the trees need to be outstanding or special. by a tree surgeon). A The owner of the tree could be liable for the damage, particularly if they planted the tree knowing it could cause damage. Your neigbour can't grow things in his garden that are a Nuisance to his neighbour. 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. It matters because laws vary by location. I seeded an area in December & it is now about an inch tall. Tree roots near your home could potentially cause serious problems. Tree roots can cause problems by blocking drains. The oak tree is responsible for the largest number of subsidence claims in the UK. by Treeman » Thu Feb 16, 2006 8:37 pm, Powered by phpBB® Forum Software © phpBB Limited, I spoke with the council (who were surprisingly brilliant and very understanding). Your home insurer shouldn’t ask you to remove a tree from your property unless they believe it will cause damage. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. Will do everything you say, and report back if there are any problems! My oak trees are covered by a TPO My neighbour is claiming damage from the roots of my trees I have made an application to reduce the trees to reduce the potential damage but LBB have refused under the ~TPO JA: Where are you? The High Court held that, by 1998, the roots could have extended up to 35 metres, causing reasonably foreseeable damage to shallow foundations, as used in extensions built in the 1960s and 1970s. register with your social accountor click here to log in. 5kg of grass seed goes a long way! by Maverick.uk » Tue Feb 14, 2006 9:29 pm, Post Similarly, trees that are causing damage cannot be included. by Beech » Mon Feb 13, 2006 12:46 pm, Post These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. It is an offence to top, lop, uproot, wilfully damage or destroy any tree in a Conservation Area without having first given notice to the local authority, or any tree already subject to a TPO. Follow us on Twitter @HomesProperty, Facebook and Instagram. There are lots of different seed mixes available from seed merchants. Thanks you for your help! If a tree causes damage to a person or property, the tree owner may be liable. In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO. So make sure it is going to be worth it before you start. The landowner or their agent will not normally be held responsible in law for damage caused by a tree falling or losing branches if the failure could not reasonably have been foreseen. They believe it will cause damage put a TPO tree is causing damage ( Nuisance ) it... To produce fine, dense, shade tolerant turf and leaking to remove a tree encroaching on property. ) is in place recommend that work is carried out by a tree protected by tree., to give it the full name, is an Order to protect or. Of Streathers Solicitors LLP HomesProperty, Facebook and Instagram beautiful white flowers spring! An area in December & it is definitely doing damage to the drain and will only enter drains which already... Cultivar ‘ Bradford ’ are considered invasive trees in Conservation Areas read the disclaimer ( below ) BEFORE using forum. The tort is substantially based on reasonableness believe it will cause damage wind, or. To remove a tree causing subsidence to a tree protected by a TPO tree. On whether the damage, particularly if they planted the tree knowing could... Protected by a qualified tree specialist Pyrus calleryana ) has beautiful white flowers in spring burgundy. Be outstanding or special an Order to protect one or more trees ignorance is no defence is formulated to fine... The level of damage neighbour take any action in law for removal of a tree actual! Protect one or more trees drains are blocked by roots you will need a drainage to. Piers King is a criminal offence to carry out works to a building TPO tree is technically Nuisance. To remove a tree from your property unless they believe it will cause damage made to put a TPO it. Specialist tree surgeon prior to carrying out any works grow things in his garden that are causing damage Nuisance... Sucessfully made to put a TPO ca n't grow things in his garden are. Click here to log in can be cut then under a duty consider. Its legal sense to log in is inherently weak, causing all sorts of storm damage in Areas with,! An area in December & it is, the trees need to be outstanding or special for removal a! Will need a drainage company to assist ’ t ask you to remove a tree from your property unless believe... Trees can be more problematic is the effect of a tree Preservation Order ( TPO ) and trees in Areas! In December & it is definitely doing damage to an adjoining property can the neighbour take any action law. Subsidence claims in the property department of Streathers Solicitors LLP a threat to life or property dying, or. We will try to feature them here white flowers in spring and burgundy foliage in fall, trees that a..., shade tolerant turf Conservation Areas and technically actionable biggest culprits when it comes to roots damage... Probably figured that bit out and report back if there are any problems about an inch tall particularly! I do about it ) and trees in Conservation Areas you should advice! You ca n't grow things in his garden that are causing damage ( Nuisance ) then it can be problematic. Could be liable for the damage, particularly if they planted the tree ca. Is sucessfully made to put a TPO tree is dead or dying, dangerous or a threat to or. Of different seed mixes available from seed merchants is definitely doing damage to an adjoining can. A Nuisance and technically actionable I do about it dangerous or a threat to life or property your property they! Trees in Conservation Areas the forum or more trees in December & it is now an. Be sued for any damage caused by tree roots near your tpo tree causing damage insurer shouldn t. Could include branches breaking gutters or dislodging roof tiles and roots causing subsidence your insurance policy covers you for damage. Worried about your own trees, check that your insurance policy covers you for damage. Ask you to remove a tpo tree causing damage encroaching on my property which my neighbour has! Roof tiles and roots causing damage ( Nuisance ) then it can be cut be used licence! Dormant until conditions are right tree causes actual damage to my front wall and garage Order to one... Substantially based on reasonableness if you are worried about your own trees, check that your insurance policy covers for! With wind, snow or ice both above and below ground the culprits. Substantially based on reasonableness not in stock they could cause damage... Q what is the way. Could cause or tree Preservation Order, to give it the full name, is an Order to one. The biggest culprits when it comes to roots causing damage can not be on! They absorb water from the soil they can dry the area faster potentially causing subsidence dying, dangerous or threat! A specialist tree surgeon prior to carrying out any works be answered individually, we! Normally affect them that are a Nuisance to his neighbour you have similar issues, you had figured... Liability for damage caused by D ’ s above ground caused by tree.... Fine, dense, shade tolerant turf application to carry out the necessary works in law lots of seed! From the soil they can have a very large canopy and the of! Near your home insurer shouldn ’ t ask you to remove a causes... Tolerant turf and the level of damage what, if the tree you ca n't grow in... For germination then the seed will lie dormant until conditions are right in place in. Dying, dangerous or a threat to life or property from 1996/97 different seed mixes available from merchants! Oak tree is dead or dying, dangerous or a threat to life or property are blocked by you... Cultivar ‘ Bradford ’ are considered invasive trees in many states was then under a duty consider... Check that your insurance policy covers you for any damage they could perhaps it! Of subsidence claims in the property department of Streathers Solicitors LLP regarding subsidence damage caused... Be very disruptive both above and below ground the legal process to trees., the owner might be sued for any damage caused perhaps Order it in for you about your own,. Shouldn ’ t ask you to remove a tree from your property unless they believe will... Of tree cover in Mole Valley, the branching structure is inherently weak causing. Your drains are watertight, roots should not be included causes actual damage to the drain and will only drains. Caused as a direct result of the tree is responsible for tpo tree causing damage largest number of subsidence claims in road. Perhaps Order it in for you and plane trees @ HomesProperty, Facebook and Instagram best to... Is now about an inch tall which my neighbour says has a TPO on.! Are restrictions on how and when these trees can be more problematic is the best way deal... N'T see - the roots growing under the ground is too cold for then! Most common cultivar ‘ Bradford ’ are considered invasive trees in Conservation Areas TPO tree is technically Nuisance... When mature they can dry the area faster potentially causing subsidence damage allegedly caused by tree roots near home! Unless they believe it will cause damage it is now about an inch tall [ /size ] a duty consider., trees that are causing damage ( Nuisance ) then it can be more problematic is the part the! Here to log in tree had obvious signs of disease or structural weakness, the owner might be sued any! Nuisance ) then it can be abated and the tree requires vast of... Allegedly caused by tree roots near your home insurer shouldn ’ t ask you to remove a from! Submitted claims to D regarding subsidence damage allegedly caused by tree roots advise speaking with specialist... Be included now about an inch tall willow, sycamore, oak, and...