Difficult Trees In England: Going Down The Legal Avenue

• Published date: 27 October 2021
• Subject Matter: Environment, Environmental Law
• Law Firm: Withers LLP
• Author: Ms Eloise Illingworth, Veronica Carey and Andrew Chesser

Whilst trees can enhance the beauty, character and environmental credentials of an area, it is an unfortunate truth that they can also pose a nuisance to property owners.

Tree subsidence

A common problem is tree-related subsidence, which occurs when tree roots affect the sub-soil. The sub-soil shrinks in the summer when moisture is removed, and expands in winter when moisture is replaced. This cyclical movement can cause damage to the building above in the form of cracking through the brickwork and internal plaster.

Of course, there may be other explanations for the damage and it is sensible to check for alternative causes such as issues with the drainage system or the depth of the building foundations.

If the relevant tree is owned by a neighbour or the local authority, then you may have a claim in nuisance against that party, and may be able to force them to better manage or even remove the offending tree. It may also be possible to obtain compensation for damage and the costs of remedying the damage to your property. You will usually need to provide evidence that the tree is an effective and substantial cause of damage, which may involve obtaining site investigation and / or level monitoring reports. Local authorities often have a strategy for controlling trees and possible tree-related subsidence, which might involve pruning (or 'pollarding') trees in risk areas regularly, and so you may be able to persuade the council to take action without having to obtain evidence of causation. However, should the situation become...