The position is different if a Tree Preservation Order (TPO) is in place. 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 … by Clairer » Sun Jan 22, 2006 6:28 pm, Post 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. 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. I use a mix called 'Granta No. Ev… This is because if the subject tree is ‘successful’ under TEMPO, it will shortly enjoy TPO protection (assuming that it doesn’t already). by Treeman » Wed Feb 15, 2006 12:33 am, Post Will speak to my local garden centre. Your home insurer shouldn’t ask you to remove a tree from your property unless they believe it will cause damage. 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). 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. ... Q What is the effect of a Tree Preservation Order? Tree Preservation Orders (TPO) and trees in Conservation Areas. Tree issues can be very disruptive both above and below ground. Your neigbour can't grow things in his garden that are a Nuisance to his neighbour. ... been received by the LPA for removal of a tree causing subsidence damage. 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. 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. However, if the tree had obvious signs of disease or structural weakness, the owner might be sued for any damage caused. It matters because laws vary by location. 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. 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. The term Nuisance here is used in its legal sense. Actual damage could include branches breaking gutters or dislodging roof tiles and roots causing subsidence to a building. 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. Local Council), in addition to the tree owner and their insurer – plus the homeowner with a damaged house and their home … 3' which is formulated to produce fine, dense, shade tolerant turf. Will do everything you say, and report back if there are any problems! 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. If you have similar issues, you should obtain advice from a solicitor. 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. There may be a merchant near you. Similarly, trees that are causing damage cannot be included. Tree roots near your home could potentially cause serious problems. When mature they can have a very large canopy and the tree requires vast amounts of moisture. The tree grows and an application is sucessfully made to put a TPO on it. Questions cannot be answered individually, but we will try to feature them here. 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. It is definitely doing damage to my front wall and garage. 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. But the tree is technically a nuisance and technically actionable. What does this mean and what can I do about it? A The owner of the tree could be liable for the damage, particularly if they planted the tree knowing it could cause damage. A TPO or Tree Preservation Order, to give it the full name, is an order to protect one or more trees. In all … The law has to regulate the inevitable conflicts that arise between neighbouring land owners. Thanks you for your help! Follow us on Twitter @HomesProperty, Facebook and Instagram. It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence. Piers King is a solicitor in the property department of Streathers Solicitors LLP. The tree isn't causing any damage. This will depend on whether the damage was caused as a direct result of the refusal and the level of damage. by a tree surgeon). If you are worried about your own trees, check that your insurance policy covers you for any damage they could cause. 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. No liability is accepted for such reliance. 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. The term Nuisance here is used in its legal sense. by TO » Fri Jan 20, 2006 1:14 pm, Post There's a tree encroaching on my property which my neighbour says has a TPO on it. Callery pear (Pyrus calleryana) has beautiful white flowers in spring and burgundy foliage in fall. There are lots of different seed mixes available from seed merchants. by Clairer » Fri Jan 20, 2006 1:04 am, Post Any assistance is truly appreciated! Couple of things though! March/April will probably present the best conditions. 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. 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. by TO » Thu Feb 16, 2006 9:01 am, Post 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. 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. Owners of other properties in the road had submitted claims to D regarding subsidence damage allegedly caused by D’s trees from 1996/97. £19.50 for 5kg. Take the situation where your neighbor has a tree on their property that grows over the property line, and that tree’s roots are damaging your cement patio. Post by TO » Tue Feb 14, 2006 1:22 pm, Post These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. you can seed at any time of year. “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 … I seeded an area in December & it is now about an inch tall. The exception is if the damage is caused during maintenance (e.g. 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. There are limited exceptions, such as where a tree is dead or dying, dangerous or a threat to life or property. by Clairer » Sun Jan 22, 2006 12:29 am, Post subjected to construction damage or inappropriate pruning. by Conveyancer » Wed Feb 15, 2006 11:50 am, Post Therefore, if drains are watertight, roots should not normally affect them. The council will generally only apply a Tree Preservation … Unfortunately, highway engineers sometimes also insist on the complete removal of any trees causing visible damage. If a TPO tree is causing damage (nuisance) then it can be abated. Also, callery pear and its most common cultivar ‘Bradford’ are considered invasive trees in many states. If they do, there are restrictions on how and when these trees can be cut. 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 Maverick.uk » Tue Feb 14, 2006 9:29 pm, Post Your neigbour can't grow things in his garden that are a Nuisance to his neighbour. 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. 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 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. Something that can be more problematic is the part of the tree you can't see - the roots growing under the ground. by Treeman » Mon Feb 13, 2006 7:22 pm, Post In relation to outgrowing context, some common sense is needed here: if the trees are being considered for TPO protection ... change: … 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. 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. 5kg of grass seed goes a long way! 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. It follows that the tort is substantially based on reasonableness. You MUST read the disclaimer (below) BEFORE using the forum. I would advise speaking with a specialist tree surgeon prior to carrying out any works. The laws of nuisance do not lay down absolute standards. 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. by Beech » Mon Feb 13, 2006 12:46 pm, Post Problem is, the branching structure is inherently weak, causing all sorts of storm damage in areas with wind, snow or ice. Neighbours and landowners are legally allowed to cut back branches overhanging their boundary, unless the tree is protected by a Tree Preservation Order (TPO). 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. The legal process to get trees felled in these situations can be expensive. We recommend that work is carried out by a qualified tree specialist. 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… Tree roots can cause problems by blocking drains. by carpinus » Sun Jan 22, 2006 12:44 pm, Post 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. The cover also includes the cost of removing any part of the fallen tree that’s above ground. You could try your local garden centre. 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 it is, then you or your neighbour may need to make a formal application to carry out the necessary works. 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