Damage by Tree Roots

Damage by tree roots

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Course Overview

In circumstances where the roots of a tree have caused damage to a neighbouring property for example, the owner of the tree can be liable, under the law of nuisance, for such damage. However, in order for damage to be “reasonably foreseeable” it is necessary to show that the “defendant” knew or ought to have known, that such damage would arise.

Delivered by experienced lecturer Richard Quenby, this course consider why the long-held approach that liability is always established merely by the proximity of trees to buildings built on shrinkable soil may no longer be the accepted view and will focus on the three prominent cases in this area of law; Robbins v Bexley London Borough Council (2012), Berent v Family Mosaic Housing (2012) CA and Denness v East Hampshire DC, and the impact which these decisions have had on property and tree owners alike. 

Whether you are bringing or defending tree roots claims, this course will highlight the importance of considering at the earlier stage possible what evidence will be required in order to bring or defeat claims and that when instructing an arboriculture expert you ensure that they are aware of recent research in this area.

What are the requirements?

Learning Outcomes

  • On completion of this course you will:

    • Understand the law of nuisance and the Delaware guidance
    • Be aware of the remedies available
    • Have considered the concept of Forseeability and the risk-based approach adopted after Berent, Robbins and Denness
    • Be familiar with the Defective Premises Act 1972

What is the target audience?

  • Conveyancing practitioners

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Course Curriculum

recorded webinars

  • Webinar
    00:50:34

Documentation

  • Notes
    15 Page

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