A homeowner is exploring options to have their insurer pursue a claim against a neighbor after tree roots from a beech tree reportedly caused significant damage to a shared boundary wall, drains, and a driveway. The tree, planted several years ago by the neighbor, has been a source of problems since at least 2012 when its roots blocked the homeowner's drains.
The situation escalated as the tree grew, leading to cracks in the wall and roots infiltrating drains, confirmed by a CCTV survey. An arboricultural survey indicated that the tree's roots are lifting the tarmac driveway, with estimated repair costs exceeding £8,000 for the drive and an additional £2,000 for the wall. A structural engineer's report, estimated at over £500, may be required to further substantiate the damage.
Establishing Liability
According to advice from legal professionals, the tree's owner has a duty to ensure the tree does not cause damage to neighboring property. The neighbor was aware of the issues since 2012, and at one point had agreed to remove the tree before changing their mind. This history of awareness could strengthen the homeowner's case.
Manjinder Atwal, director of housing and property litigation at Duncan Lewis Solicitors, stated that the existing evidence, including CCTV surveys and arboricultural reports, is crucial for establishing liability. "These are precisely the types of evidence insurers and courts look for when determining liability," Atwal noted. Providing a comprehensive bundle of evidence, including photographs, expert findings, repair estimates, and correspondence, to the insurer is recommended. Atwal also confirmed that tree roots crossing a boundary can constitute trespass, and a property owner failing to act on known damage can be held liable for nuisance.
Olivia Egdell-Page, partner and head of property at Joseph A Jones & Co., advised that the homeowner's insurer may pursue the neighbor on their behalf, and it is sensible to confirm the insurer's process. "Insurers will apply their own criteria when deciding whether to pursue a claim," she said, adding that obtaining specialist reports provides independent evidence that can strengthen the case. The estimated repair costs exceeding £10,000 suggest that investing in expert evidence could be worthwhile.
Potential Actions and Considerations
While awaiting insurance action, the homeowner is legally entitled to trim roots back to the boundary line, provided it is done without entering the neighbor's property and without causing unnecessary damage to the tree. However, Egdell-Page cautioned that trimming roots could potentially damage or destabilize the tree, leading to further liability if the tree later falls. Professional advice is recommended before undertaking such work.
It is also advisable to check if the tree is subject to a Tree Preservation Order, though unlikely given its age. If the evidence confirms the tree is the cause of the damage, the homeowner may be able to recover repair costs and potentially seek an order for the neighbor to prevent further damage.