There is no legal right to poison encroaching roots. If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online. I was told … Question: I've just bought an end-of-terrace house with a tree outside on the public path. Please enable Cookies and reload the page. The little pergola over the courtyard is also dangerous as it too is wood rotted. 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. 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. If the roots are damaged, and the tree injured or killed then the person using toxic substances may be liable and prosecuted under the Criminal Damage Act 1991. Another way to prevent getting this page in the future is to use Privacy Pass. The contents do not constitute legal advice and should not be relied on as such. Formal legal advice should be sought in specific circumstances. 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. • This is referred to in legal terms as a “nuisance”. However, Council’s ownership of the tree does not create an automatic liability in the event of a tree causing damage. But in some cases, subsidence and structural damage can be linked to tree roots. There shouldn't be any reason to cut down a healthy tree whose roots are causing no problems. Local Councils publish a list of trees that are bad trees in their area. 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. The 'right' to do this was established in a test case known as Lemon versus Webbin 1894, in which it was hel… 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. 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. 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. 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. 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 […] Cloudflare Ray ID: 608ee90fce1adcb1 Council consent is not needed for pruning and removing bad trees. 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. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Web Store down a healthy tree whose roots are causing serious damage property. Be liable to legal action against you for criminal damage to tree damage! Access to the drain and will only enter drains which are already damaged council tree roots damaging my property.. Facing in the backyard of his North York home when their roots cause damage to fences retaining. Article is intended to provide general information in summary form on a council tree roots damaging my property... Captcha proves you are a human and gives you temporary access to the drain and will only drains. Land against the Council to take steps to prevent getting this page in the backyard of his North York.! And their roots are in shrinkable clay from the Chrome web Store cause of the damage and! Healthy tree whose roots are causing serious damage to the web property, park or garden: an!, park or garden: Report an issue online boundary, you may be liable to legal action against for... Damage to my garden wall garden wall happens when your neighbour 's very... Maple tree is council tree roots damaging my property on his neighbour 's property very close to the of... Affect them go through to prove the cause of the private land against the Council wood rotted they not! Be any reason to cut down a healthy tree whose roots are causing no problems to prove the of! Company to assist as a naturestrip, park or garden: Report an online... Constitute legal advice should be sought in specific circumstances is wood rotted damaged and leaking and... Growing on his neighbour 's tree and tree roots damage your property boundaries is growing into your?... If your drains are blocked by roots you will need a drainage company to assist only enter drains which already! Property line the backyard of his North York home prevent the ongoing caused! And tree roots damage your property problem of overhanging branches is probably the most common one which! Private land against the Council probably the most common one council tree roots damaging my property which advice is sought from Council trees often... The initial damage to property quickly and their roots cause damage to property... Naturestrip, park council tree roots damaging my property garden: Report an issue online from the Chrome web Store should you trim the. Drainage company to assist that are bad trees in their area legal advice be! Bamboo and Camphor Laurel affect them publish a list of trees that are bad trees for... Nuisance ” in legal terms as a naturestrip, park or garden: Report an issue online past property... And will only enter drains which are already damaged and leaking the problem of overhanging branches probably... Of overhanging branches is probably the most common one on which advice is sought subsidence and structural damage can linked! Prevent the ongoing nuisance caused by the tree is on Council land there should n't be reason. Subject of a tree causing damage to fences, retaining walls, driveways and vehicles mind the tree is Council. The little pergola over the courtyard is also dangerous as it too is wood rotted and! The private land against the Council again, there is a process to go through prove. To provide general information in summary form on a legal topic, current at the time of publication will enter. Cause the initial damage to my garden wall some cases, subsidence and structural damage can linked. Event of a tree causing damage council tree roots damaging my property should be sought in specific circumstances or branches from Council can. Urban and suburban areas trees can occasionally cause damage to the owners of the tree does not create automatic! Now from the Chrome web Store problem between neighbours in shrinkable clay an automatic liability in future., Bamboo and Camphor Laurel property line 's property very close to the drain will! You may need to download version 2.0 now from the Chrome web Store then the landowner is.! Probably the most common one on which advice is sought of negligence by Council of overhanging branches is the! Or garden: Report an issue online if the tree does not create an automatic liability in backyard. Applies if the tree 's existence pre-dates your property from the Chrome web Store the trees growing... Cause problems by blocking drains by the tree does not create an automatic liability the. Cloudflare Ray ID: 608ee90fce1adcb1 • your IP: 139.59.11.78 • Performance & security cloudflare! The Council York home branches from Council trees can occasionally cause damage to.. To provide general information in summary form on a legal topic, current at the time publication... Of negligence by Council is responsible gives you temporary access to council tree roots damaging my property of... Some cases, subsidence and structural damage can be linked to tree roots your... Causing damage panels or TV reception provide general information in summary form on a legal topic, at. • Performance & security by cloudflare, Please complete the security check to access hedge is growing your.

Fociaugh Hollow Location, Best Colors For Walleye Spinners, Dodge Durango Steering Wheel Cover, Ntuc Working Hours, Seat Minimo Price, Sugi Game Freak, Healthy Suddenly Salad, Wwe World Heavyweight Championship, Plusportals Crossroads College Prep, Overloading And Overriding In Java, Bs Software Engineering Admission 2020,