If you are concerned that a tree on your land may potentially cause damage to your property or that of a neighbour, T.H. Many properties in Waverley have old terracotta pipes that have degraded, subsided or have perished jointing seals. If they are on public land, then the local council will be involved in some capacity. A private tree is a tree located on your property. Council attempts to prevent problems from tree roots through careful street tree selection and carrying out root pruning where appropriate, practicable and not detrimental to the health and stability of the tree. If the insurer accepts a claim for subsidence caused by your tree, it will cover damage it has caused to your property. The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage. Waverley Council55 Spring Street, Bondi Junction NSW 2022 Australia Where damage is alleged to have been caused by a council tree, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection. Liability for damage caused by tree roots. If you spot a crack in your property and there is a tree close by, and particularly if it is late in the summer, then this could be related to the tree roots. If they do damage your property, for example roots or branches cause damage to a wall, your neighbour may be liable. be made liable for any damage resulting from the tree s location or growth (Local Government Act 1999, s 245(1)). Get a quick no obligation tree surgeon quote 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. 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. I don't mind the tree but its roots have cracked the pavement and are causing serious damage to my garden wall. A Council tree is a tree located on council or public land such as parks, reserves or nature strips. Polite, professional and tidy.The team were punctual, very polite, kept me well informed of what they were doing, anything I asked them wasn’t an inconvenience.Service with a smile and the tidy up job was fantastic too.I would certainly recommend TH Tree services and happily use them again. 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. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works. They will investigate the matter and collect any evidence of structural damage to support any potential claim. Tree roots can cause problems by blocking drains. If the tree is protected by a Preservation Order, then this information will usually be quite detailed in nature, and it would usually require the assistance of a surveyor or structural engineer to compile it, the cost of which will usually be covered by your insurer. cut the tree down. Contact your buildings insurers and follow their advice. If you have any of these trees on your land that is of a significant size, then you should take immediate advice from a qualified tree surgeon. When undertaking this work Council must be notified at least 48 hours in advance to allow the Tree Operations Supervisor to attend the site and verify if tree roots are present. 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. Subsidence, however, is not the only issue connected with tree roots. 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. 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. Causing a Nuisance: Tree Root Damage. This is standard procedure because: Sydney Arborist, Mark Hartley has combined practical experience and scientific analysis into two easy to read articles about tree roots: Dr Peter Yau, Biologist has written a technical paper on tree root growth. Council is not legally responsible for any damage insects or other pests may cause to private property. Case study - Damaged wall In McLevie v Anderson the applicants purchased their property at Glebe in 2004 but it was not until 2009 when they were removing a built-in shelf that they discovered a large crack in an internal wall of their home. Please enable javascript in your browser in order to get form work properly. Something that can be more problematic is the part of the tree you can't see - … If you have an issue with a Council tree such as: pruning, removal, branch collection, infestation; damage to private property caused by a Council tree; a bushfire management enquiry. You're allowed to prune encroaching tree branches or roots back to the boundary of your property. Contact us without hesitation if you have any concerns: we cover all of Essex and East London. However, if the owner or occupier of property adjacent to the road has made a written request to the council to take reasonable action to avert a risk of damage from the tree and the council has failed to take reasonable action in Tree damaging property. Posted; ... the Judge found a reasonably prudent landowner would have been aware of the real risk of damage to neighbouring property by the cypress hedge. These reports should be sent to: Haringey Council Insurance Section, Alexandra House In some cases they will conclude that the subsidence was not caused by tree roots, but if they believe it has been, then information will have to be provided to the local council. Example of re-lining a damaged earthenware pipe. The problem of overhanging branches is probably the most common one on which advice is sought. However, in some councils, if the tree is not protected by the council, you are free to cut or trim overhanging leaves, roots or branches extending into your boundary provided you do not damage the rest of the tree. Structures may have collapsed due to deterioration or subsidence and not from tree root damage. 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. You can find out what information will be required by contacting your local council, or checking their website. A cost effective alternative such as pipe re-lining should also be investigated. You should seek professional legal advice on this. Heave. Mr and Mrs Khan owned a property in Stanmore, Middlesex. If the alleged damage is visible from outside the property, Council’s Tree Operations Supervisor will inspect the site. Tree Work for Property/Land Management Agents, COVID-19 - business as usual - learn how we're working safely, Tree Surgeon in Essex | T.H Tree Services | Reviews, About T.H Tree Services®, Qualified Tree Services Company Essex. The biggest culprits when it comes to roots causing damage are willow, sycamore, oak, poplar and plane trees. Modern drains have been designed to withstand tree root damage, so this would, therefore, be the best long-term solution. Bear in mind that tree roots can spread up to 3 times the height of a tree and that if you have clay soil, or there has been a particularly dry spell, you will be more at risk. Your browser does not support JavaScript!. This may involve excavating or exposing the affected area to show if tree roots are present; what size the roots are; and their exact location. It will almost always be in the best interests of neighbours to try and resolve these issues outside of court. If you are aware of a defect in your tree and damage subsequently results, you may be held liable for negligence. The answer to this question is dependent on the situation of the tree or trees in question. Willow trees are one of the worst offenders when it comes to tree root damage. Mon-Thurs 7am-7:30pm If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. If a tree or branch has fallen on your property during a storm, call the SES on 132 500. What if I have evidence that the damage to my property is being caused by Borough Council owned trees? Sat closed Removing a mature tree from dry ground can cause more damage than leaving it alone, as it … Call us for a free quote & advice They will also advise you on what to do if you have evidence that damage to your property is being caused by trees that they own. Of course, who pays for all of this remedial action is the key question. The owner of a tree (or the land on which it grows) is responsible for any damage which its' roots cause You need to make a claim against the council. Responsibility for rectifying the situation and for any damages claim will more often than not lie with the owner of the tree, although it will need to be proved that the damage was ‘reasonably foreseeable’. The roots of many types of trees are well known to cause damage to properties. 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. Most home insurance policies offer subsidence cover as standard. Where damage is alleged to have been caused by a council tree, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection. The tree and branches are too high up to lop off so this would require a tree … Generally Council will not permit the removal of … They will send a surveyor to conduct an inspection and various investigations will be carried out. If you have any concerns about the legal aspects of tree root damage you can contact Helen on … The tree must be a cause but does not have to be the sole cause of the damage (Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29). The trial court found that neither Islington Council nor Family Mosaic (who owned the neighbouring property) could reasonably be expected to foresee that their trees might pose 'a real risk' of causing damage to the property until they had been notified that the property had suffered damage, and reasonable evidence had been provided. Generally, a tree owner does not necessarily have an obligation to maintain their tree, unless it is causing damage or nuisance. Tree Related Damage to Private Property. The neighbour one day had a company come in an chop down the tree and remove it over the next day while we were at work. A qualified arborist will need to be called in to provide an expert report on the cause of the damage, and a surveyor’s report will also be required so that the extent of the damage is clearly documented, together with the remedial work required and its associated costs, plus any resulting reduction in value of the property. 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. My neighbor however is the parish council and the tree is in the village hall car park. Drains can also become blocked as tree roots follow them to take advantage of the abundance of moisture on offer. If a pipe has subsided or a seal has broken the repair of these pipes is considered a maintenance issue and the responsibility of the owner to repair. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. Fri 7am-5:30pm If you think a tree is damaging your property, the first thing to do is contact your home insurance company for advice. Unsupported fears about healthy trees/ branches failing; A tree is causing minor structural damage, such as to footpaths or driveways. If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online Or contact Council. (a tort which involves an act or omission which amounts to unreasonable interference with, disturbance to, or annoyance to another person’s in the exercise of their rights). The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. If you can prove that you were regularly maintaining the trees and had taken advice from a qualified arborist and instructed regular tree surveys, then you will stand a better chance of your claim being accepted. If your drains are blocked by roots you will need a drainage company to assist. In most cases, the best course of action will be to lay new drains. Trees that cause damage or overhang your property Subsidence damage caused by trees. Question: I've just bought an end-of-terrace house with a tree outside on the public path. The Council does not have responsibility for and does not undertake work to privately owned trees. Email: info@waverley.nsw.gov.au The first step to take if you suspect subsidence or movement due to tree roots is a call to your buildings insurer. Tree roots will not enter a stormwater or sewer line that is intact and not leaking. Office: 01268 642814 20 November 2014: Visit from our surveyor and letter from him, confirming the damage to the wall has been caused by the tree roots. other trees on the resident’s or neighbour’s property may be the cause of damage. If the insurer did not foresee an issue and did not place any warranties on the policy, such as insisting on a tree report or the removal or cutting back of any trees in order to validate the policy, then you should be able to proceed with a claim, although there is usually a sizeable excess associated with claims for subsidence. Background. The team are really pleased they come across professional and friendly. 16 March 2015: I write letter before action to the Council, explaining my … 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. (In spite of our calls to the Council and the visit of the inspector.) It was doing zero damage to their property as it was a vacant lot. The owner of a tree owes a duty of care to all third parties and is at all times liable for any nuisance or damage the tree causes. If any tree is posing an imminent danger, the Council also has power to make an immediate Order against the property owner requiring work to be done to a tree Property owners should regularly survey trees with the benefit of professional advice, to check whether they are causing damage, or likely to cause damage to surrounding property. The roots of many types of trees are well known to cause damage to properties. If it appears reasonably obvious that the trees were causing an issue, for example, if they were particularly close to the property and had grown considerably, then you may be questioned as to why action wasn’t taken to deal with them, such as removing or reducing them. A tree is causing minor shading. It’s free and will only take a jiffy! Therefore, if drains are watertight, roots should not normally affect them. © 2019 Waverley Council | ABN: 12 502 583 608, Sustainable business & commercial waste services, Responding to Climate Change & Energy Emissions, Hollywood Avenue Car Park resident parking scheme, Enclosures for dangerous & restricted dogs, many residences are structurally very old with shallow or inadequate footings to foundations. Get the latest news and tips on creating an environmentally friendly community, plus free workshops and events. The 'right' to do this was established in a test case known as Lemon versus Webbin 1894, in which it was hel… A tree is causing blockage to pipes, unless the damage is serious and recurring. When you took out your buildings insurance policy, you were probably asked whether there were any trees on your land, and how far away they were from your property. Read our latest blogs here.Subscribe now. Most damage occurs when trees are situated 10 metres or less from a property. Winter rains and strong winds can often result in fallen trees and associated damage. However, the ‘foreseeability’ test will again usually apply. And if trees fall or drop branches across property lines, it can become difficult to determine who is responsible. Sun 8am-10.30am If a tree has not been the cause of clay shrinkage, its removal cannot cause heave - any surplus water will simply drain away. If a council owned tree is causing damage to your property, you must first contact your home insurance company. Email: thtreeservices@gmail.com, Excellent & friendly service at superb rates. roots causing damage to your property branches blocking sunlight from solar panels or TV reception. The council will just pass your claim to their insurers, who will deal with you directly This damage will often take the form of subsidence, particularly if the soil is of clay composition. Council regular tree care and maintenance program Council has a regular tree care and maintenance program which visits every neighbourhood in Moreland every two years, to prune and maintain Council … Mobile: 07834349211 01268 642814. Hi Mrs Easton, thank you for leaving a lovely review. If the alleged damage is visible from outside the property, Council’s Tree Operations Supervisor will inspect the site. If the tree is situated on rented land then the occupier of that land may be liable if they have not taken reasonable steps to put a stop to the nuisance, i.e. Who covers the cost of tree root damage is down to where the trees are situated. Bill and Mary Nicholson, 79, were awarded compensation after the Cedar tree's roots caused serious damage to their semi-detached £400,000 property - despite begging the council to … This inevitably leads to foundations moving or subsiding. In some cases, they will travel as far as 6 metres downwards in search of water, and even further outwards. Tel: 02 9083 8000 Trees can cause subsidence when their roots are in shrinkable clay. This damage will often take the form of subsidence, particularly if the soil is of clay composition. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Tree Services can assist by undertaking a tree report and then conducting any required remedial action. This information brochure from Sydney Water provides good advice should you encounter problems with your sewer or stormwater line. They will have to compensate you for the damage, and prevent further damage e.g. The recent case of Khan & Harrow Council & Another [2013] (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. Waverley Council acknowledges the Bidjigal and Gadigal people, who traditionally occupied the Sydney Coast and we pay respect to all Aboriginal and Torres Strait Islander Elders both past and present. they did not arrange for it to be removed or cut back or at very least inspected, or did not report an obvious issue to their landlord. 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