You may need to download version 2.0 now from the Chrome Web Store. Introduced species are bad trees, if they can grow quickly and their roots cause damage to property. 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. In a recent decision in the case of Michos v. Council of the City of Botany the NSW Supreme Court held that a council was liable in nuisance and in negligence for damage to private land caused by tree roots on council owned land. To make a claim against your nuisance neighbour for tree root damage, it has to be proven that the damage was caused by the encroachment of tree roots and that the owner of the tree breached the ‘duty of care’ owed to the neighbouring land owner. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. In Dean v Ellsworth the applicants, Mr and Mrs Dean, wanted two Eucalypts on their neighbours’ property to be removed because the tree roots were damaging their driveway and could potentially damage the underground services buried beneath. The damage is obviously from the tree but the council says it's not its responsibility and I have to pay for repairs to my wall myself. Case study - Tree Root Damage. If your tree is creating problems near a road or public land, the council can issue a notice ordering you to remove or trim it. The little pergola over the courtyard is also dangerous as it too is wood rotted. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … Is this right?Answer: A tree is the Most trees growing near buildings cause no damage. Council land. Therefore, if drains are watertight, roots should not normally affect them. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. But in some cases, subsidence and structural damage can be linked to tree roots. Question: I've just bought an end-of-terrace house with a tree outside on the public path. This particularly applies if the tree's existence pre-dates your property. However, Council’s ownership of the tree does not create an automatic liability in the event of a tree causing damage. Please enable Cookies and reload the page. Several other statutory authorities also have this right. Report subsidence to your building insurer. For example, Rubber trees, Indian Coral trees, Umbrella trees, Cocos palms, Oleanders, Poplars, Bamboo and Camphor Laurel. Tree damaging property If you think a tree is damaging your property, the first thing to do is contact your home insurance company for advice. Our firm recently acted for a Club faced with that issue when the local council refused to remove a number of trees on council property, the roots of which had caused damage to the Club’s car park and prevented the Club from upgrading the car park. The tree root has totally damaged my front fence (wooden) and has lifted the undersoil (with roots) to where the fence now is totally out of whack and not only that, the fence is now riddled with wood rot. This is true, even if the tree or hedge is growing into your property boundaries. If tree roots are damaging or blocking your stormwater/sewer pipes, cracking your front fence or path it is the responsibility of the property owner to maintain the infrastructure and services to their house. Council of the City of Botany the NSW Supreme Court held that a council was liable in nuisance and in negligence for damage to private land caused by tree roots on council owned land. There are no statutory controls applying to deciduous trees, (while those applying to evergreen are limited to high hedges), and in the absence of direct, proven damage from a neighbour's tree there is little you can do to restrict its height or growth other than prune back overhanging branches to your boundary. Your IP: 139.59.11.78 Council consent is not needed for pruning and removing bad trees. No, only if the trees are growing on Council land. If the tree is on private land then the landowner is responsible. I had to pay landscapers to clean up all those trees including the section from my Cherry tree, and replace the three sections of my fence. 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. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. You can only trim up to the property boundary. Sydney Level 3, 10 Barrack St, Sydney, NSW, 2000, Postal Address GPO Box 3380 SYDNEY NSW 2001 DX: 125 SYDNEY, Liability limited by a scheme approved under Professional Standards Legislation. The 'right' to do this was established in a test case known as Lemon versus Webbin 1894, in which it was hel… Tree roots can cause problems by blocking drains. This can crack external and internal property walls. They were also worried branches could damage their home. A person can take action through the courts to obtain damages, or even an injunction, against the owner of the land on which the offending trees are located if the encroaching tree roots amounts to an unreasonable interference  with the use and enjoyment of that person’s land. Performance & security by Cloudflare, Please complete the security check to access. Blocked drains and lifted paving may also be a problem. Formal legal advice should be sought in specific circumstances. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Local Councils publish a list of trees that are bad trees in their area. Kerb stones have over the years prevented the roots from spreading leaving a root ball that covers only about 180 degrees i.e all growth on one side (spreading into my property and damaging my walls). • The Court also granted a mandatory injunction requiring the Council to take steps to prevent the ongoing nuisance caused by the tree roots. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. What happens when your neighbour's tree and tree roots damage your property? If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online. For more information concerning the law relating to nuisance contact Chris Sydes on c.sydes@pigott.com.au. • This is referred to in legal terms as a “nuisance”. roots causing damage to your property branches blocking sunlight from solar panels or TV reception. My question is: If I cut the roots and destabilise the tree, were it to fall down and damage other property, what would my liability for collateral damage be? In urban and suburban areas trees can often be the subject of a problem between neighbours. However, if the damage caused a secondary issue like your pipe bursting and water enters your home suddenly, then you might be covered for the water damage . The contents do not constitute legal advice and should not be relied on as such. If your drains are blocked by roots you will need a drainage company to assist. If you live in a conservation area or the trees that surround your property are protected, you may need council permission to trim before taking any action. Tree roots may potentially cause damage to built structures in two ways: Direct damage - damage can be caused by tree branches moving in the wind. If you believe a tree has caused damage to your private property - such as to buildings, fences, driveways or vehicles - what you need to do depends on where the tree is located. But what if those trees are located on public land which is under the control of the local council and interfere with the use of a private owner’s land? Damages were awarded to the owners of the private land against the council. Common reasons include: Roots damaging sewer pipes Parts of a tree damaging the roof or building Overhanging branches Trees interfering with views or sunlight Leaves etc overflowing or blocking gutters Damage to driveways and fences from tree roots and […] I was told … There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. 2.16 Encroachment of branches or tree roots is the most common cause of tree-related impacts on neighbouring property that are reported in cases brought before a court. The problem of overhanging branches is probably the most common one on which advice is sought. If it is proven that the encroaching roots caused damage to a property, then an action may be brought against the owner of the tree. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. A large maple tree is growing on his neighbour's property very close to the property line. The recent case of Khan & Harrow Council & Another (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. That's the question Trevor Johnson is facing in the backyard of his North York home. 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. 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. Removing a tree. There is no legal right to poison encroaching roots. Or contact Council. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. This article is intended to provide general information in summary form on a legal topic, current at the time of publication. Trees can cause subsidence when their roots are in shrinkable clay. Another way to prevent getting this page in the future is to use Privacy Pass. There must be some demonstrated act or omission of negligence by Council. Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways and vehicles. Tree Planting Checklist New trees should be planted in the dormant season between October and March to allow the roots to become established before spring. I don't mind the tree but its roots have cracked the pavement and are causing serious damage to my garden wall. Last year I had considerable damage to my property when two trees on a vacant and unattended lot next to the back of my property both had huge limbs fall onto my land, new fence and broke down part of a beautiful Ornamental Cherry tree. In the Club’s situation referred to above, following representations made by our firm based on the decision made by the NSW Supreme Court in the Michos case, the local council agreed to reverse its original decision and removed the offending trees, thereby allowing the Club to proceed with the upgrading of its car park. 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. The question Trevor Johnson is facing in the backyard of his North York home future is use! Land, such as a naturestrip, park or garden: Report an issue online problem between neighbours be! 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