Sometimes, tree root damage can mean thousands of dollars in repair costs to buildings, plumbing systems, and pavements. If you knew, or ought to have known, of this encroachment, and it is reasonably foreseeable that this encroachment will cause damage, then the legal duty is established. But if the opposite is true, she just has to deal with it. This damage can be very costly to repair. She is a personal insurance expert for The Balance. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another. If there are issues which prove more difficult to resolve, as an alternative to litigation, the Court always encourages parties to engage in alternative methods of dispute resolution such as mediation. 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. Tree roots damage property next door. Each policy is different so be sure and ask. A common problem is when the roots of a tree grow into the foundation of a home or the water entry pipe. Trees can also shed all sorts of debris onto neighboring roofs, cars, and people. A tree’s roots will cover a roughly circular area around it; up to about twice its height and that may quickly start to affect the soil under the house. 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. Mila Araujo is a personal lines insurance broker and the director of personal insurance for Ogilvy Insurance. Removing the tree roots up to the boundary line is a reasonable course of action. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. Specialist property dispute resolution solicitor, Mike Hansom, considers some of the legal issues involved in claiming compensation.Mike can … Trees can also shed all sorts of debris onto neighboring roofs, cars, and people. It is a Structural Root damage. This damage can be very costly to repair. In determining […] The following list of safe tree distances is a list referring to the potential damage from their roots to the foundations of your property which may cause subsidence. Fast-forwarding to Canada in the 20th century, I came across a 1976 case involving damages caused by a neighbour's tree roots on Beemer Ave., in Mississauga. Instead, the neighbor can go ahead and trim the tree himself. Does insurance cover the fallen trees and the related damage? However, not all trees pose a threat to your foundation. 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. roots caused 11 percent of foundation damage, even when they made up only 2 percent of the tree population. A mediator can help the parties to work to find a mutually acceptable way forward. There are factors unrelated to tree roots that can cause similar types of damage. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another. 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. Your insurance company also may not cover the removal of trees if no structure was damaged. An example of sudden and accidental damage would be if a windstorm suddenly uprooted a tree and it came crashing down on your house. Healthy tree root systems may, over time, topple fences and uproot sidewalks, even those that run in front of neighboring properties. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Another way to prevent tree roots from causing damage is to reconsider your plans for tree planting in the area around your home. There is of course another danger of large trees near to your property which is from impact damage to your property (or persons in the property or garden) following a violent storm. If the damage is ongoing and the owner of the tree(s) refuses to rectify the problem, you can apply to the Court for an injunction to ‘abate’ the nuisance – forcing your neighbour to take preventative steps, such as felling the tree(s) or managing it properly to prevent further damage. Don't worry about figuring out where the branches or tree came from if you do not know if you have damage call your insurance company and have them help you with your home insurance claim.. If you have failed to report in time, your insurer can repudiate the claim. Most of the claim will be fairly obvious – the cost of rectification work such as underpinning, repairs to cracks, rebuilding walls and paths or relaying sections of a drain. 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. 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. 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. Prevention is key to avoiding costly tree root damage. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Some tree root systems such as Japanese fir, Acacia and Vine maples are considered minimally invasive. 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. This is because their roots extend straight down into the soil. But there are several more subtle ways in which a tree can damage a neighbor’s property or real estate. 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. Many people experience damage to their building structures, pipes, and property from tree roots. 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