A recent case ( Lombard North Central plc v European Skyjets Ltd (in liquidation) [2022] EWHC 728...
If you own trees with roots capable of extending to the subsoil surrounding neighbouring properties, make sure that those trees are pruned so as to avoid any damage to the properties and any subsequent claims for compensation.
The roots of large trees can cause damage to nearby structures by exerting pressure on the subsoil that surrounds the foundations. They are also capable of extracting moisture from the surrounding subsoil. Significant cracking of walls and subsidence can arise as a result.
In the recent High Court case of Robbins v Bexley London Borough Council [2012], the Council was ordered to pay £150,000 in compensation for damage caused by the roots of a tree that stood 33 metres away from Mrs Robbins’ property. Mrs Robbins had lived in the property since 1969. The award of £150,000 covered the cost of the repairs to the property. It also included £3,000 for distress and inconvenience.
Bexley London Borough Council owns Danson Park, which contains a number of large poplar trees. In the past, the trees have given rise to a number of claims against the Council by property owners that live nearby. By 1998, the owners of at least four homes had made claims in respect of root-induced subsidence. Consequently, it was decided in Robbins that the Council was aware by early 1998 that the roots from a line of poplar trees were able to extend to nearby properties, one of which belonged to Mrs Robbins. She notified the Council of the damage to her property in 2003. However, it was held that it would have already been “reasonably foreseeable” by early 1998 that Mrs Robbins’ property was at a real risk of subsidence. “Reasonable foreseeability” will be heavily based upon the facts of each case.
Experts agreed that it was the presence of a particular poplar tree that caused significant cracking to the walls of Mrs Robbins’ home. The tree was deemed to be a “major contributor” to the damage. It was determined that the damage to the property would probably have been prevented had a “proper and adequate” system of regular pruning been put into place. The trees should have been pruned every four years. The Council was held liable, as they failed to take such appropriate measures.
In conclusion, if you do own trees and are made aware that the roots of those trees could cause damage nearby structures; appropriate measures should be taken to prevent such damage.