tree roots damaging property
If you think a tree is damaging your property, the first thing to do is contact your home insurance company for advice. As the concrete cracks and buckles, pieces of it will stick up and create a tripping hazard. See, the end of the drought meant we all got quite a bit more rain than usual, which made the ground soggy and easy for … [1] Mustoe v. Ma, 193 Wn. Liability for damage caused by tree roots. 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. This damage will often take the form of subsidence, particularly if the soil is of clay composition. Tree roots are cut for a number of reasons. 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. 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. Trees can even increase property values by 15 to 20 percent. High Court confirms relevant test when determining liability for tree root damage Khan v LBC: High Court confirms the relevant test when determining a tree owner's liability for tree root damage . Allowing tree roots to encroach on your neighbour’s land constitutes common law, private nuisance. a polypropylene or similar geomembrane) to dissuade root growth near a foundation often only cause roots to grow under and around it. The Court of Appeals disagreed, and declined to extend Washington law. Yards where homes were built on them more than 20 years ago may lack a “root barrier” between their trees and your property, such that over time as the trees have grown, their roots have invaded your property, either causing or threatening to cause damage to your hardscape, e.g., to your cement structures, or threatening to damage your home’s foundation. TERMS OF USE | PRIVACY POLICY | LEGAL DISCLAIMER, 999 Third Avenue, Suite 3800 Mustoe had two large Douglas-fir trees located entirely on her property, about two and one-half feet from the property line with her neighbor Ma. The roots of many types of trees are well known to cause damage to properties. Under Texas property laws, if a tree falls from natural causes (lightning, storms, water) the property owner of the place where a tree has fallen is responsible for removing the tree. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. 1, April 4, 2016). You can only trim up to the property boundary. If your neighbour's tree roots are damaging your property, it can be difficult to get cover. Prevent damage by planting slow-growing trees, keeping the soil near your foundation dry and unfertilized and leaving adequate space between the house and trees. Tree roots invade mostly through damaged lines installed in the top 24 inches of soil. Sound lines and sewers have very little trouble with root damage, and then only at weak points where water seeps out. In the process, Ma exposed and removed the trees’ roots, leaving them to extend only three-four feet from the trunks of the trees. In … 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. 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. They will investigate and produce evidence which either blames a tree or identifies other causes. As a rule, it is recommended that properties be built at least a distance equivalent to the tree's height away from that tree. Tree root damage can take a long time to happen as their growth is very slow. When you can trim hedges or trees. This includes situations in which a tree that was rooted in a neighbor’s yard … The ditch was 18-20 inches deep. One of the most common fears with trees is that their roots will damage house foundations. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. What can be done to prevent or stop this from happening? Mustoe had two large Douglas-fir trees located entirely on her property, about two and one-half feet from the property line with her neighbor Ma. If you have similar issues, you should obtain advice from a solicitor. Questions cannot be answered individually, but we will try to feature them here. Ma caused a ditch to be dug on her property along the border with Mustoe’s lot. When Tree Roots Burrow Under Your Sidewalk or Driveway. And those roots can cause some dangerous problems. Most trees growing near buildings cause no damage. Aggression toward water service in many fast-growing, large trees is spawned by the discovery of a water source coming from that service. Uplifted driveways, sidewalks, cracked house foundation, septic, and water issues are many problems caused by a trees root system. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. Tree roots will follow drains to exploit any condensation on the outside of the pipes and it is possible that, as they grow they may dislodge pipe joints, enter the drain and block it. Follow us on Twitter @HomesProperty, Facebook and Instagram. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. 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. There's a tree encroaching on my property which my neighbour says has a TPO on it. These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. Use our free legal tool below to consult with a local attorney about any uncertainty regarding property damage … Tree Roots and Property Damage: Whose Responsibility? The message to tree owners, whose trees are adjacent to the boundary line with their neighbor, is that their neighbor can damage their trees so long as the damage takes place on the neighbor’s property. The landscape value of the trees was estimated to be $16,418. In my previous article "Rooting for Trouble" (October 2012), I discussed the issue encroaching tree roots and the claims that arise as a result of damage caused by the roots. She contended that the law did not immunize the neighboring landowner against liability for damage to the trimmed trees, and argued that the Court should hold that in exercising self-help, the landowner owed a duty of care to prevent damage to the trees themselves. This is because clay soil is prone to shrinking when it dries out, which is precisely what happens when tree roots take hold and help themselves to the moisture in the soil. The damaged trees posed a high risk of falling on Mustoe’s home. 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