Skip to main content

Posts Tagged: Tree roots

Beware Tree Root Damage

Posted by on September 16th 2013 in Blog Posts, Litigation

Allowing trees to encroach onto a neighbouring owner’s land constitutes a nuisance.

Tree roots can cause considerable damage to a property. The damage is often caused by the roots taking water from the surrounding ground, particularly where the roots extend below any foundations.

Tree owners need to remain alive to the risk of a claim being brought against them for nuisance and ultimately the damage caused by tree roots.

To be able to claim for damages, one has to prove that the damage was caused by the encroachment of tree roots and that the owner of the tree breached the duty of care...