Liability for tree

univer

I have a tree in my back garden which was planted in 1980 so it's now about 40 feet tall and very sturdy. My neighbour came to me recently and said that the roots would potentially travel to his property and damage his buildings and paths. Am I liable in advance or is there something I can do to protect myself.

Procrastastudy

univer wrote: »

Lets say I have a tree in my back garden which was planted in 1980 so it's now about 40 feet tall and very sturdy. Lets say My neighbour came to me recently and said that the roots would potentially travel to his property and damage his buildings and paths. Would I be, hypothetically, liable in advance or is there something I can do to protect myself.

Fixed it for you.

My understanding is there needs to be damage first but I wonder if this would come under nuisance or some other head? If it comes under nuisance and there is property damage my understanding is there is strict liability? (About 11.5% sure)

Disclaimer: I'm wrong 95% of the time - I'm just here as an example of why people shouldn't get legal advice of the internet.

Zambia

This is unusual

Is someone legal liable for the underground roots of a tree ?

Example is the council liable if the root of a tree on the council grass verge crack the driveway of a nearby property?

234

Generally tree roots can be litigated as nuisance.

jblack

The main causes of action for tree root damage are nuisance and negligence, with nuisance being the principal cause of action.

There is no cause of action for trespass.

King v Taylor (1976)
Butler v Standard Telephones [1940] 1KB399

Procrastastudy

Stating the obvious here but no course in Rylands v Fletcher either as its not 'non-natural'.

Supertech

May sound like a silly question but when was your neighbour's house built - was the tree there first ?

234

Despite what Lord Denning thinks, it doesn't matter if the nuisance pre-dates your occupation. You are still entitled to the quiet use and enjoyment of your land.

rmal

hi in realtion to the above post i have a similar problem,my mothers neighbour has a massive tree in the front garden that is popping up the cobble stones and has cracked two of the adjoining walls in her front garden.ive just spoken to the insurance and theyve told me they will not cover any claim as the tree has been there for years?? am i to fix this problem myself,or surely ,my neighbour is liable to fix the problem?

Procrastastudy

Sounds like good ol' nuisance. Speak to a solicitor.

Reloc8

Tree Law :-

Overhanging branches : Lynch v Dawson (1946) 1 IR 504 (owner of land on which tree with overhanging branches grows liable for damage/injury caused to users of adjoining land).

Roots : "Whether there is a prescriptive right to commit all types of nuisances doubtful. It is clear that a person may acquire a right to discharge rain-water from his eaves onto a neighbour's land, to send smoke through flues in a party wall, or to discharge surface water onto adjoining land. On the other hand, one cannot acquire a prescriptive right to let the branches or roots of a tree intrude onto one's neighbour's property."

^ McMahon & Binchy, 3rd Ed. at 24.99/100 summarising various decisions.

rmal

hmm ok seems like i should speak to my solicitor.thanks for that

univer

I have since taken advice on this and the official line is as follows. If the damage is caused by the neighbours tree and he is not aware of it he has no liability, however, when it is brought to his attention he then has responsibility for any subsequent damage.

rmal

ok thanks guys.I will speak to my solicitor on it.Especially seen as i have made my neighbour aware of it,and also since he has had his own garden recently dug up and fixed.My fear is that if i do end up paying for the roots to be dug up,walls fixed and cobble relaid,the tree will be then unstable and will pose a genuine risk..Surely then he will have to cut it down grrrrrrr sooo annoying!

Victor

Loss of established trees will reduce the value of properties in a neighbourhood.

234 wrote: »

Despite what Lord Denning thinks, it doesn't matter if the nuisance pre-dates your occupation. You are still entitled to the quiet use and enjoyment of your land.

What if the neighbour was negligent in building their house too close to an established tree?