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. Hardwoods such as oaks and elms are the most concerning trees. The roots of many types of trees are well known to cause damage to properties. Disputes typically arise when the branches or roots of a tree on one neighbour’s property (neighbour A) begin encroaching onto their neighbour’s property (neighbour B), causing damage to or interfering with the enjoyment of neighbour B’s property. Whatever the mechanism, the resulting bill for remedial works for tree root damage can be substantial. For example, lightning and windstorm are two common perils. 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. But the damage can also be indirect, as roots draw water from clay soil, which then rehydrates following significant rainfall. Insurance is meant to cover sudden and accidental damage and not gradual damage or home maintenance. It’s a common belief that a tree will develop roots as broad as the tree is tall, but this is a misconception that underestimates the facts. Oaks A tree-root-damage study cited by the Michigan State University Extension found that oak (Quercus spp.) Each policy is different so be sure and ask. Basically, it depends on how much harm the tree roots are causing. 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. Pine trees, for instance, have almost no impact on your foundation. Most home insurance policies have limited coverage conditions for fallen tree removal. To help prevent tree root damage that will eventually interfere with sewer lines: Plant small, slow-growing trees near sewer lines. An arboriculturalist (tree expert) can advise whether or not the tree in question caused or significantly contributed to the damage, in the same way that a surveyor and/or a structural engineer may be required to advise on the nature and extent of the damage and the rectification works required. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. Healthy tree root systems may, over time, topple fences and uproot sidewalks, even those that run in front of neighboring properties. In a major claim, if the cost of the damage is very high, there may be a large loss deductible waiver. You may not go onto the neighbor's property or destroy the tree. 24. In determining […] Trees are a beautiful feature of many properties and homes, but what happens if a tree falls on your house, or you get damage to your property from trees? Many people experience damage to their building structures, pipes, and property from tree roots. 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. Many claims involving tree root encroachment involve council owned trees causing damage on neighbouring private 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. Trees can also shed all sorts of debris onto neighboring roofs, cars, and people. If an owner plants trees near the border of his neighbour’s property the owner must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. Claims often require experts in different fields to assist the parties and the Court. Insurance companies do this to make your life easy, but they also understand that ultimately someone else may be responsible for the damage. You might be … However, your insurer will be interested only in the insured risk, which is unlikely to include any claim for diminution in value resulting from subsidence. Large roots close to the tree should not be cut as these may kill or destabilise the … Many people take initial advice from a specialist property disputes solicitor, who will be able to recommend experts in a variety of disciplines, depending upon the type of evidence required. Sometimes, tree root damage can mean thousands of dollars in repair costs to buildings, plumbing systems, and pavements. If they are successful in recovering the costs of the claim in subrogation, then they may be able to reimburse you for the deductible when everything is settled. The concept of tree roots growing does not fit the definition of sudden and accidental because roots grow very slowly, so normally damage caused by roots would not be covered. If the alleged damage is within the property boundary and suspected to be from Council tree roots, the owner is asked to show proof of the presence of tree roots. Onto the neighbor can go ahead and trim the tree insurance policies have limited conditions! 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