The Duty of Care Owed by Tree Owners. Mrs Kane owned a neighbouring property, within the … Did you know? If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online. There was a note from the tree surgeon (contracted by the council) explaining damage has been done from a falling branch and he gave a contact number to … Speci c legal advice should be sought in these situations. It is very rare for underground water pipes to be broken by tree roots. For example, if neighbour A fails to maintain their tree and it falls onto neighbour B’s property causing damage, neighbour A will generally be liable for that damage. Things that the council is responsible for removal of tree stumps alongside public roads, unless left in place for safety reasons repairing damage to roads caused by tree roots surfacing protecting council-owned trees using Tree Preservation Orders If your neighbour does not agree to have the problem resolved, you can apply to a district court for an order for removal or trimming. Is this right?Answer: A tree is the A tree planted on your neighbour's land belongs to them, and they will be liable for any damage it causes. Justice Cull said errors included the judge restricting the duty of care on the council to ''inspect and maintain'' the trees in St Omer Park, rather than a duty to undertake reasonable steps to prevent known risk of damage from its trees. This was a claim for damage to a property caused by the roots of trees for which the council was responsible. 13. Winter rains and strong winds can often result in fallen trees and associated damage. Council Not Liable for Tree Roots Subsidence. Am I liable if I cause damage to a neighbour’s tree as a result? Mature plane trees grow on … Some rare trees can be valued at tens of thousands of dollars. The tree owners disagreed with the removal of the tree but were prepared to remove the overhanging branches subject to permission from the local council, which enforced a tree protection order over the tree. The Mrs car was parked on a public road, owned by the local council (as well as the trees), later when she came back, the car was completely damaged, windscreen shattered and heavy damage to the bonnet and roof (glass bits everywhere). If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. The Council, as highway authority, has powers to deal with trees under the Highways Act 1980, which are on land next to the road and are a risk to users of the road. Not necessarily. An adjoining landowner may still be held liable for injuries caused by a tree well if the adjoining landowner created the defect or unsafe condition, or used the tree well for a special purpose such as installing a fence or varying the tree well’s construction. In law you would be considered negligent. But if the tree was planted on the boundary, you are probably a co-owner. The damage is obviously from the tree but the council says it's not its responsibility and I have to pay for repairs to my wall myself. Council land. Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. If the tree or branches cause damage, then you may be liable. Is the council responsible for protected trees? Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. To hold the owner responsible for a tree that was not previously overhanging the boundary or where the tree was overhanging public land such as a road it is necessary to show that the owner knew or should have known that the tree or branch was in a dangerous condition … If a tree has not been the cause of clay shrinkage, its removal cannot cause heave - any surplus water will simply drain away. A Melbourne council has been ordered to pay a woman more than $400,000 to demolish and rebuild her home after a tree it planted was found to have caused dozens of cracks and damage.. Angela Livingston has been fighting the City of Melbourne since she noticed the cracks in 2012.. Whirlpool Forums Addict reference: whrl.pl/Rf9g3x. Contact an arborist or your local council about whether the tree can be removed. Is the Tree’s Owner liable for any Damage? What if I have evidence that the damage to my property is being caused by Borough Council owned trees? damage from the tree and the council has failed to take reasonable action in response to the request, the council may be liable for any damage to property that would have been averted if the council had taken reasonable action when requested. No, the owner retains responsibility and duty of care to the public for the tree's condition, safety and any damage the tree may cause. Or contact Council. Local residents are now asking who is responsible for the cost of repairs to a dividing fence when the damage has been caused by a fallen tree from a neighbouring property during the storm. Where damage to public spaces including footpaths and driveways is suspected to have been caused by roots from street trees, residents are advised to contact Council’s Customer Service Centre on 9083 8000 for inspection by a Council officer. The cedar tree was planted by council in 2009. Question: I've just bought an end-of-terrace house with a tree outside on the public path. It is the second time a case over council liability for hot water cylinder damage from chlorine has failed. Where trees cause damage and it is not a storm, for example your tree was dead, damaged or a species prone to having branches fall and you have a reasonable suspicion it might fall down you should take steps to address the danger. His insurer said it was clear the damage was the direct result of council “negligence”. If you believe a tree has caused damage to your private property - such as to buildings, fences, driveways or vehicles - what you need to do depends on where the tree is located. Thankyou for your advice. And if trees fall or drop branches across property lines, it can become difficult to determine who is responsible. Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by the Council in successfully defending insurance claims made against the Council. The general legal position in the Northern Territory is that where damage is caused to a dividing fence, the owners of land on either side of the fence must equally contribute to the cost of the repairs. Mr and Mrs Khan owned a property in Stanmore, Middlesex. Once Islington Council were presented with evidence, we felled two street trees and also allowed for a tree with a Tree Preservation Order (TPO) on the neighbouring property to be removed. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. The question arises, therefore, to what extent is a local authority with the responsibility for the highway and trees on it, liable for loss and damage caused in the unfortunate event of a vehicle striking an overhanging tree? Is the local authority liable? Yes. A property owner whose Victorian townhouse was severely affected by subsidence has failed to convince the Court of Appeal that the local authority and a housing association (the respondents) should be held liable to compensate her for the damage. Recently we were engaged by a homeowner to claim costs from their neighbour arising from a dispute about a tree causing damage to our client's sewerage line. The tree that caused the damage was overhanging into the road and so I applied to the council for some insurance as there was no warning of overhanging trees and at no point did I mount the kerb. User #432148 12060 posts. I don't mind the tree but its roots have cracked the pavement and are causing serious damage to my garden wall. However, a decision in 2013, Khan and Khan v Harrow Council and Kane, raised doubts about that view. Both occupiers and anyone with responsibility for trees e.g. She also claimed that the leaf litter had damaged her pool and was likely to cause further damage. Council liability for injury or damage to property Can we help? However, your chance of making a claim would usually depend on demonstrating that the owner had been negligent; if the tree was obviously unsafe through disease or damage, for example. Until 2013 homeowners were not generally considered liable for damage caused in this way by tree roots because they lacked the necessary foresight. When it comes to damage caused by falling trees, monies can be recovered in certain circumstances if the person responsible for the tree is found to have been negligent. 245—Liability for injury, damage or loss caused by certain trees (1) A council is not liable for any damage to property which results from— the planting of a tree in a road; or the existence of a tree growing in a road (whether planted by the council or not). The property was constructed in about 1981, and it comprised a two storey detached house with attached single storey garage. If it is proved that a council tree has damaged your property, or could cause damage in the future, we may carry out work on the tree. 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