Duty of care. I would advise speaking with a specialist tree surgeon prior to carrying out any works. Damage caused by tree roots Where damage to public spaces including footpaths and driveways is suspected to have been caused by roots from street trees, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection by a Council officer. 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. [1] Mustoe v. Ma, 193 Wn. Kidding aside, this really isn’t your problem. 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. What does this mean and what can I do about it? Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. If you think a tree is damaging your property, the first thing to do is contact your home insurance company for advice. Liability for damage caused by tree roots. Report subsidence to your building insurer. They will investigate and produce evidence which either blames a tree or identifies other causes. Sometimes the roots grow up out of the ground and cause problems with foundations or walkways. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. Piers King is a solicitor in the property department of Streathers Solicitors LLP. 1, April 4, 2016). Also, upon your learning of the … You can trim branches or roots that cross into your property from a neighbour’s property or a public road. These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. Are Tree Roots Damaging Your Property? This can crack external and internal property walls. 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. If your drains are blocked by roots you will need a drainage company to assist. 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. Helen Porter here reviews two recent cases between neighbours regarding tree roots extending into properties, the importance of foreseeable risk, and gives guidance to commercial property owners on avoiding these risks. 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. TERMS OF USE   |   PRIVACY POLICY   |   LEGAL DISCLAIMER, 999 Third Avenue, Suite 3800 Allowing tree roots to encroach on your neighbour’s land constitutes common law, private nuisance. The trial court dismissed Mustoe’s suit. 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. If your neighbour's tree roots are damaging your property, it can be difficult to get cover. A recent Washington Court of Appeals opinion addressed the rights of a neighbor to destroy roots and branches on her property that belonged to trees located on an adjoining landowner’s property. Sound lines and sewers have very little trouble with root damage, and then only at weak points where water seeps out. Mustoe filed suit against Ma asserting that Ma had negligently, recklessly, and intentionally excavated and damaged her trees, along with other property, and also sought emotional distress damages. 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. And because other people often use your … 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. A recent Washington Court of Appeals opinion addressed the rights of a neighbor to destroy roots and branches on her property that belonged to trees located on an adjoining landowner’s property.[1]. For this reason, you may not be able to charge a neighbor for its removal. There's a tree encroaching on my property which my neighbour says has a TPO on it. The damaged trees posed a high risk of falling on Mustoe’s home. Most trees growing near buildings cause no damage. If that has happened, your neighbor could be required to remove the tree. Uplifted driveways, sidewalks, cracked house foundation, septic, and water issues are many problems caused by a trees root system. App. No liability is accepted for such reliance. by Stinson | Mar 2, 2020 | Tree Care. It is definitely doing damage to my front wall and garage. You can only trim up to the property boundary. 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. When Tree Roots Burrow Under Your Sidewalk or Driveway. 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. register with your social accountor click here to log in. A landowner is not liable to the adjoining property owner for an alleged nuisance caused by overhanging branches and roots from a tree on his or her property; however, the adjoining property owner is legally entitled to trim back, at the adjoining owner's own expense and only up to the property line, any encroaching tree roots or branches and other vegetation that had grown onto his or her property. a polypropylene or similar geomembrane) to dissuade root growth near a foundation often only cause roots to grow under and around it. Blocked drains and lifted paving may also be a problem. If you have similar issues, you should obtain advice from a solicitor. 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. 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 cost of their removal was estimated to be $3,913. Use our free legal tool below to consult with a local attorney about any uncertainty regarding property damage … 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. 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 … What is the best way to deal with this? Some homeowners have trouble with their tree roots when they grow under their sidewalks, driveways, patios, and other shallow, concrete structures. The Court of Appeals acknowledged that the law in Washington is that an adjoining landowner can engage in self-help and trim the branches and roots of a neighbor’s tree that encroach onto his or her property. The ditch was 18-20 inches deep. What can be done to prevent or stop this from happening? If it is, then you or your neighbour may need to make a formal application to carry out the necessary works. This includes situations in which a tree that was rooted in a neighbor’s yard … Here are some tips to help you avoid problems. 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. This damage will often take the form of subsidence, particularly if the soil is of clay composition. In fact this is seldom the case, as most foundations are able to withstand the odd tree root. Attempts to insert a root barrier around a construction (eg. Property Damage From a Neighbor’s Tree Roots – Your Rights and Options When it comes to property damage from a neighbor’s tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance. Seattle, WA 98104, Copyright © Ahlers Cressman & Sleight PLLC - All Rights Reserved, Neighbor Allowed to Remove Tree Roots on Her Property That Supported Adjoining Landowners’ Two Large Trees With Legal Immunity, Court of Appeals Expands Application of Construction Statute of Repose, California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim, UPDATE TO WASHINGTON STATE COVID-19 GUIDANCE, Ahlers Distinguished as Top Super Lawyer in Washington and Nine Firm Members Recognized as Super Lawyers or Rising Stars. However, certain fast-growing tree species with shallow root systems can invade foundations, causing cracking, settling and other costly problems. Tree root damage can take a long time to happen as their growth is very slow. And those roots can cause some dangerous problems. Eugenie Mendez complained that the roots of 14 Lombardy poplar trees on the Palazzi property next door had ruined her lawn, rock garden and patio, and were threatening the septic tank, weeping tiles and foundations of her home. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. 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 … 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. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. The Court of Appeals disagreed, and declined to extend Washington law. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. The Court of Appeals affirmed. Tree roots can cause problems by blocking drains. The owner of that tree, in … Ma caused a ditch to be dug on her property along the border with Mustoe’s lot. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. One of the most common fears with trees is that their roots will damage house foundations. 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. Mustoe contended, however, that earlier Washington law acknowledged that the right to self-help does not extend to removing the tree itself. Legal Action When Neighbors’ Tree Roots Are Causing Damage in California Lucy’s situation—wherein a neighbors’ tree has roots that have reaped havoc on her underground pipes—has been a fairly common one for homeowners throughout Northern California this year. 161, 371 P.3d 544 (Div. The roots of many types of trees are well known to cause damage to properties. Something that can be more problematic is the part of the tree you can't see - … 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. 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. It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. Therefore, if drains are watertight, roots should not normally affect them. Trees can even increase property values by 15 to 20 percent. 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. As a rule, it is recommended that properties be built at least a distance equivalent to the tree's height away from that tree. Comment:  The law in Washington is clear that an adjoining landowner can engage in self-help, and trim the branches and roots of a neighbor’s tree that encroach onto his or her property, even when such trimming and root destruction essentially destroys the tree. 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. If the branches or roots are dead, or a dead tree falls onto the adjoining landowner's property, then the lando… Questions cannot be answered individually, but we will try to feature them here. 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. However, root growth is very strong and can be quite intrusive. Trees can cause subsidence when their roots are in shrinkable clay. Tree roots invade mostly through damaged lines installed in the top 24 inches of soil. This resulted in a loss of nearly half of the trees’ roots, all from the south side, exposing them to southerly winds with no support. As the concrete cracks and buckles, pieces of it will stick up and create a tripping hazard. 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 … Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. When you can trim hedges or trees. Aggression toward water service in many fast-growing, large trees is spawned by the discovery of a water source coming from that service. Before planting a tree, find out how big the root system is going to be when it reaches maturity. 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. A tree that poses a danger to your property, or one that inhibits your ability to enjoy your property, may actually constitute a violation of local ordinances or codes. Tree roots are cut for a number of reasons. 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 . Tree Roots and Property Damage: Whose Responsibility? Trees that cause damage or overhang your property Subsidence damage caused by trees. But in some cases, subsidence and structural damage can be linked to tree roots. When it reaches maturity of trees are well known to cause damage to my front wall garage... Does this mean and what can I do about it to my front wall and garage reaches! 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