Question: Who Is Liable For Tree Root Damage?

What can I do about Neighbours tree roots?

You can trim branches or roots that cross into your property from a neighbour’s property or a public road.

You can only trim up to the property boundary.

If you do more than this, your neighbour could take you to court for damaging their property..

Are tree roots covered by insurance?

If tree roots are blocking the pipe and cause a clog, it is not covered by your home insurance. As with most items covered by home insurance, damage due to wear-and-tear or poor maintenance of the sewer line are excluded.

Can tree roots grow under house?

Roots rarely cause significant damage to concrete foundations. Occasionally, roots may find their way through existing cracks and enlarge them. But as long as you maintain your foundation, you’re unlikely to have any trouble with tree roots.

Who is responsible for damage by tree roots?

The owner of the land upon which the tree is situated is usually the one who is liable for damage caused by the roots of that tree. However, an occupier of land in question (for example, a tenant) may also be liable if they are in the position to take steps to ‘abate’ (bring to an end) the nuisance.

Can you sue your neighbor for tree roots?

If the invading roots or branches cause serious harm to the neighbor’s property or threaten to do so, the neighbor may sue. … A neighbor may sue only if the tree is “noxious,” in other words if it both causes actual damage and is inherently dangerous or poisonous.

Can you claim for tree root damage?

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.

Can I complain about a Neighbours tree?

If you think your neighbour’s tree is dangerous, you can report it to the council – for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for ‘trees’ on your council’s website to find which department to contact.

Can I throw my Neighbours branches back?

Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.

How far do tree roots spread?

It is uncommon for trees to have roots deeper than about 2m, though exceptionally some small (a few mm in diameter) roots can extend to 5m or more. Most roots are found close to the soil surface, with 90% or more of all roots located in the upper 60cm.

Can removing a tree cause foundation problems?

When a tree is removed from the soil water is no longer being absorbed by the tree roots, meaning the soil will start to swell as it gets wet. … Okay maybe not quite, but this swelling can cause the soil to uplift, sometimes to a greater volume than when the property was built, leading to displacement of the foundations.

Can I force my neighbor to cut down a tree?

No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree!

Can tree roots break through concrete?

As some species of trees age, roots become visible through the surface of the soil, a process helped along by wind and erosion. … While tree roots normally do not penetrate solid concrete, walkways and other paved areas may buckle due to soil movement the roots generate.

Does homeowners insurance cover tree removal?

Tree removal costs are covered by your homeowners insurance based on determining what caused the tree to fall, as well as where the tree was located. Damage caused by a tree falling on your house or other covered structure is typically covered, and removal generally is as well.

What happens if I cut down a tree without permission?

Getting compensation for tree damage, and other remedies for tree owners. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. If necessary, you can sue to enforce your rights.

What is the best way to kill tree roots?

Mix a 50/50 solution of glyphosate herbicide to water and apply it to the exposed cambium layer. You can use a garden sprayer, hand-held sprayer, or paintbrush to do so. Be careful in your application to avoid splashing and inadvertently harming plants or grass surrounding the trunk.