If a TPO tree is causing damage (nuisance) then it can be abated. The decision to remove a tree is serious and you may find that the tree is protected by a preservation … Ev… Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. D was then under a duty to consider what, if anything, would be reasonable … Essentially the order prohibits the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the local planning authority’s written consent. These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. Problem is, the branching structure is inherently weak, causing all sorts of storm damage in areas with wind, snow or ice. by Beech » Mon Feb 13, 2006 12:46 pm, Post Tree roots can cause problems by blocking drains. The tree isn't causing any damage. ... been received by the LPA for removal of a tree causing subsidence damage. The term Nuisance here is used in its legal sense. 5kg of grass seed goes a long way! Therefore, if drains are watertight, roots should not normally affect them. However, if the tree had obvious signs of disease or structural weakness, the owner might be sued for any damage caused. by Conveyancer » Wed Feb 15, 2006 11:50 am, Post Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. The position is different if a Tree Preservation Order (TPO) is in place. The term Nuisance here is used in its legal sense. by Clairer » Sun Jan 22, 2006 6:28 pm, Post The High Court held that, by 1998, the roots could have extended up to 35 metres, causing reasonably foreseeable damage to shallow foundations, as used in extensions built in the 1960s and 1970s. Not only that, but the leaves from the tree are staining your patio too, and there’s a real concern that a branch will fall and damage your fence. by henners » Sun Feb 12, 2006 8:10 pm, Post A tree is protected if it is covered by a Tree Preservation Order (TPO), which is made by Mole Valley District Council (MVDC), or if it is located within a Conservation Area. When mature they can have a very large canopy and the tree requires vast amounts of moisture. [size=84][url=http://ask4help.org.uk/]http://ask4help.org.uk/[/url][/size]. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. There are limited exceptions, such as where a tree is dead or dying, dangerous or a threat to life or property. If you are worried about your own trees, check that your insurance policy covers you for any damage they could cause. £19.50 for 5kg. Callery pear (Pyrus calleryana) has beautiful white flowers in spring and burgundy foliage in fall. There's a tree encroaching on my property which my neighbour says has a TPO on it. It follows that the tort is substantially based on reasonableness. Tree issues can be very disruptive both above and below ground. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. It is definitely doing damage to my front wall and garage. The best advice I can offer is to contact your local council first of all, and check if the trees have a tree preservation order on them (known as a TPO). Some time after, the person who owns the property with the benifit of the RoW wants to start using the way again But the tree is blocking the way. But the tree is technically a nuisance and technically actionable. 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. It is an offence to top, lop, uproot, wilfully damage or destroy any tree in a Conservation Area without having first given notice to the local authority, or any tree already subject to a TPO. Unless specific exemptions apply, it is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy such a tree, without first obtaining permission from the local planning authority. by Treeman » Wed Feb 15, 2006 12:33 am, Post Tree Preservation Orders (TPO) and trees in Conservation Areas. ... Q What is the effect of a Tree Preservation Order? 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. by TO » Tue Feb 14, 2006 1:22 pm, Post When they absorb water from the soil they can dry the area faster potentially causing subsidence. ... Damage by trees. There are different varieties of oak trees, but most have shallow spreading roots that may cause damage to house foundations if grown near a house. Judge backs trees in drains root damage claim showing a judge with a practical approach Kennedy v Bournemouth Borough Council, 17.09.12, Bournemouth County Court. March/April will probably present the best conditions. In relation to outgrowing context, some common sense is needed here: if the trees are being considered for TPO protection ... change: … There are lots of different seed mixes available from seed merchants. Your home insurer shouldn’t ask you to remove a tree from your property unless they believe it will cause damage. Neighbours and landowners are legally allowed to cut back branches overhanging their boundary, unless the tree is protected by a Tree Preservation Order (TPO). If it is, then you or your neighbour may need to make a formal application to carry out the necessary works. Unfortunately, highway engineers sometimes also insist on the complete removal of any trees causing visible damage. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. The law has to regulate the inevitable conflicts that arise between neighbouring land owners. It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. What is the best way to deal with this? The cover also includes the cost of removing any part of the fallen tree that’s above ground. Post Also, given the density of tree cover in Mole Valley, the trees need to be outstanding or special. by Clairer » Fri Jan 20, 2006 1:04 am, Post by carpinus » Sun Jan 22, 2006 12:44 pm, Post 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. If they do, there are restrictions on how and when these trees can be cut. If the ground is too cold for germination then the seed will lie dormant until conditions are right. Questions cannot be answered individually, but we will try to feature them here. Subsidence damage as caused by a tree subject to a Tree Preservation Order is an issue that demands cross-profession liaison; specifically, between at least the arboriculturist, planning officer / manager, and insurance officer / manager for the Local Planning Authority (i.e. A TPO can't be used to licence Nuisance. If a tree causes damage to a person or property, the tree owner may be liable. The court held that by the spring of 2009 it was reasonably foreseeable to D that the maple tree's roots could cause blockages to the drains to C's property. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. Owners of other properties in the road had submitted claims to D regarding subsidence damage allegedly caused by D’s trees from 1996/97. Thanks you for your help! The tree grows and an application is sucessfully made to put a TPO on it. It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. Your neigbour can't grow things in his garden that are a Nuisance to his neighbour. by Treeman » Thu Feb 16, 2006 8:37 pm, Powered by phpBB® Forum Software © phpBB Limited, I spoke with the council (who were surprisingly brilliant and very understanding). Trees may be protected under planning law in three ways; by a Tree Preservation Order (TPO) or because they are located within a conservation area, or by a restrictive Planning Condition. This will depend on whether the damage was caused as a direct result of the refusal and the level of damage. A TPO or Tree Preservation Order, to give it the full name, is an order to protect one or more trees. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he can do. Any assistance is truly appreciated! Your neigbour can't grow things in his garden that are a Nuisance to his neighbour. My oak trees are covered by a TPO My neighbour is claiming damage from the roots of my trees I have made an application to reduce the trees to reduce the potential damage but LBB have refused under the ~TPO JA: Where are you? If your drains are blocked by roots you will need a drainage company to assist. Follow us on Twitter @HomesProperty, Facebook and Instagram. Couple of things though! The landowner or their agent will not normally be held responsible in law for damage caused by a tree falling or losing branches if the failure could not reasonably have been foreseen. So make sure it is going to be worth it before you start. The oak tree is responsible for the largest number of subsidence claims in the UK. It is therefore particularly important that trees which are in public places or close to areas to which the public has access are regularly inspected to check on their condition and any necessary works carried out. by carpinus » Sun Jan 22, 2006 7:09 pm, Post by TO » Fri Jan 20, 2006 1:14 pm, Post register with your social accountor click here to log in. It matters because laws vary by location. I seeded an area in December & it is now about an inch tall. What does this mean and what can I do about it? Similarly, trees that are causing damage cannot be included. If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. However the tree now is well over 8 metres high over hanging the 6’ fence, the tree is that big n bushy it has forced the fence panel to warp and rot - it overhangs my shed roof which was built before the tree was planted-the roof of the shed is wet thro, I often sweep all the dead debris up and put it back over the fence after all it is their mess their tree their property. However, formal consent may not be required because you could rely on one exception to the requirement for consent: that the root trimming is to prevent or abate a nuisance. From my point of view, two, three or more thousands of pounds to get a tree felled in these circumstance may well be well worth it. subjected to construction damage or inappropriate pruning. Actual damage could include branches breaking gutters or dislodging roof tiles and roots causing subsidence to a building. If you have similar issues, you should obtain advice from a solicitor. Check Yellow pages. We recommend that work is carried out by a qualified tree specialist. If the council refuse permission to fell a protected tree, which subsequently causes damage to your neighbour's property, you may be entitled to make a claim for compensation. A Tree Preservation Orders (TPOs) are imposed by local councils to protect trees which improve the local … Garden Law is for general information only and does not constitute professional advice. The council will generally only apply a Tree Preservation … by Maverick.uk » Tue Feb 14, 2006 9:29 pm, Post This protection makes it an offence to carry out any work to a protected tree or wilfully damage or destroy a protected tree, without the planning authority's permission. “A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence— ... of compensation in respect of loss or damage caused or incurred in consequence— ... the grant of any such consent subject to … Will do everything you say, and report back if there are any problems! The tree has a TPO on it. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. Liability for damage caused by tree roots. I would advise speaking with a specialist tree surgeon prior to carrying out any works. A TPO can't be used to licence Nuisance. Something that can be more problematic is the part of the tree you can't see - the roots growing under the ground. Subsidence is when the soil (particularly clay soil) under a house contracts when it’s too dry and makes the building foundations sink. If a tree has been found to be causing the damage and it is a tree you own, your insurer will inform you of remedial action (such as having the tree felled) required If a tree has been found to be causing the damage and the tree is in a neighbouring garden or land, your insurer will notify the owner of the tree and indicate what remedial action (such as having the tree felled) is required You could try your local garden centre. There may be a merchant near you. No liability is accepted for such reliance. It is worth considering that protecting trees around somebody’s home is an … Okay, you had probably figured that bit out! ... How can I get a tree protected by a Tree Preservation Order? In all … When is best to seed? you can seed at any time of year. Also, callery pear and its most common cultivar ‘Bradford’ are considered invasive trees in many states. The biggest culprits when it comes to roots causing damage are willow, sycamore, oak, poplar and plane trees. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he can do. The legal process to get trees felled in these situations can be expensive. The laws of nuisance do not lay down absolute standards. This is because if the subject tree is ‘successful’ under TEMPO, it will shortly enjoy TPO protection (assuming that it doesn’t already). You MUST read the disclaimer (below) BEFORE using the forum. A The owner of the tree could be liable for the damage, particularly if they planted the tree knowing it could cause damage. An arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. If the tree is protected by a Tree Preservation Order (TPO) or growing in a conservation area you must get written approval from the council beforehand. This is not the same as the 'standard of the reasonable person' in negligence (because the conduct of the defendant is not scrutinised in the same way); it is essentially a consideration of what is reasonable between neighbours, Re: Neighbours Trees With TPO Causing Damage, http://www.city.londonmet.ac.uk/~mills/ ... rivate.htm. The exception is if the damage is caused during maintenance (e.g. Local Council), in addition to the tree owner and their insurer – plus the homeowner with a damaged house and their home … Only if a tree causes actual damage to an adjoining property can the neighbour take any action in law. by TO » Thu Feb 16, 2006 9:01 am, Post Beware Tree Preservation Orders (TPO) and Conservation Areas. Will speak to my local garden centre. Even though the tree is in your neighbour's garden and even though it has a TPO on it, if it is causing a Nuisance to you, it might be possible to get the tree felled. In essence the conflict between one person (potential defendant) who wishes to use land and property as he or she chooses and the right of a neighbour (the potential claimant) to peaceful enjoyment. 3' which is formulated to produce fine, dense, shade tolerant turf. If not in stock they could perhaps order it in for you. by Treeman » Mon Feb 13, 2006 7:22 pm, Post Piers King is a solicitor in the property department of Streathers Solicitors LLP. In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO. You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. by a tree surgeon). 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. 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