Impact of tree roots on my neighbour’s property?

[SL40C]

I have a 65’ high ash tree at the bottom of my garden. It is located 40’ from my house but only 20’ from my neighbour’s. This is purely a speculative question, since no damage has been reported, but what responsibility would I bear if the roots damaged the neighbouring property/what could I do anyway given the maturity of the tree (perhaps 150 years old) and the likely existing extensive root structure?

Background Facts:

- Neighbour’s property (an old people’s home) built 30 years ago.

- The tree has no TPO, but is in a conservation area, so every 3-4 years when I have a tree surgeon carry out branch reduction I must first apply to the Council Arboricultural Manager for permission.

 

Thank you.

[tommer9]

The roots don't generally pass the drip line of the tree......essentially the spread of the crown.

[woodyguy]

The roots from a tree this size will probably travel at least 30 metres away. But the old folks home is recently built so should have proper foundations and hence not be at great risk from the tree.

[MATTMOSS]

The roots don't generally pass the drip line of the tree......essentially the spread of the crown.

 

Really?

[daltontrees]

Really?

 

No, not really.

[daltontrees]

I have a 65’ high ash tree at the bottom of my garden. It is located 40’ from my house but only 20’ from my neighbour’s. This is purely a speculative question, since no damage has been reported, but what responsibility would I bear if the roots damaged the neighbouring property/what could I do anyway given the maturity of the tree (perhaps 150 years old) and the likely existing extensive root structure?

Background Facts:

- Neighbour’s property (an old people’s home) built 30 years ago.

- The tree has no TPO, but is in a conservation area, so every 3-4 years when I have a tree surgeon carry out branch reduction I must first apply to the Council Arboricultural Manager for permission.

 

Thank you.

 

I know it's your first post and all that, and welcome to Arbtalk where there's rarely a dull moment, but please appreciate that (i) this is not a simple issue and (ii) it has been asked and debated many times over here. Please don't take the lack of replies as lack of interest or knowledge. It's just that people have written whole books about your questions and still not covered the subject.

 

Poeple on Arbtalk could generalise and the information would be worthless if your circumstances are outwith the norm. They could specify minute detail in recommendations about what you ask and those recommendations would be useless because they are based on assumptions and exprience which are not applicable to you.

 

I suggest that if you don't get many more replies you have a trawl through Trees and the law on Arbtalk and get a flavour of what's involved. Then maybe ask specific questions.

[Chris at eden]

Hi,

 

In theory you could be held liable for any damage caused by your tree to the neighbours property. I do subsidence prediction reports for mortgage approval as part of my business so I will clear up some of the other points already raised.

 

The roots will pass way past the drip line and possibly up to 3x the tree height in extreme cases. As woodyguy said at least 30m but this isn't that relevant. What you need to consider is zone of influence, how far away your tree could be from a building and still extract enough moisture to cause subsidence. In the case of your tree you may be looking at around 17-18m according to NHBC guidance. So you are within the zone of influence for both yours and the neighbours property.

 

30 years old is not a modern building and may not have foundations to the depth of what is currently recommended by NHBC. So don't count on this. Granted probably deeper than a Victorian house, unless it has a cellar of course.

 

You also need to look at soil type as only certain soils are shrinkable and prone to subsidence from trees. E.g. London clay is highly shrinkable, while Kidderminster sandstone isn't. These are types of bedrock and there are many others plus you also have to consider superficial deposits that could also be shrinkable.

 

If you are really that worried you could always get tree report to assess the likelihood.

 

Hope this helps,

[Silverwood]

No, not really.

lol:)

[FatherJack]

As Chris stated above, you are liable for your tree and roots. If your tree causes a 'nuisance' then once once you are aware of that nuisance then you are liable for abating that 'nuisance'. The good old English Law of Tort as muddied by recent case history.

 

Had a recent case of two 120-130 year old oak trees which had TPOs when a neighbouring property (of course built and inspected to those high NHBC standrads ) was built 17 years ago on clay soil. The neighbouring house started to suffer from subsidence. The final outcome was the trees had to come down to abate the nuisance. Don't expect your insurers or local authority to support you to keep the tree...............they'll run rather that take a sniff of any liability. Basically you're on your own:shot:

[SL40C]

Many thanks to everyone who took the time to reply to my question.

Much appreciated.

Thanks