It has generally been thought that landowners will not be liable for damage caused to neighbouring properties by the roots of their trees unless they are aware of the possibility that such damage is being caused and fail to act. 

However, in the recent case of Khan and Khan v Harrow Council and Kane, Mrs Kane was found liable for damage caused to the Khans’ property by the roots of her cypress hedge, despite the fact that she cut back the hedge promptly on receipt of a letter from the Khans’ solicitor.  Whilst accepting that Mrs Kane had not appreciated that her hedge may be causing damage until she received that letter, the court found that a “reasonably prudent landowner” should have foreseen this risk and taken action sooner.

The case poses the question at what point a landowner should identify the risk of their roots causing damage to a neighbouring property and causes much uncertainty.  In practice, if the homeowner’s insurer has signed up to the ABI’s Domestic Tree Root Agreement then they are likely to be exempt from such claims from their neighbours.  If not, homeowners should consider seeking expert advice if they have any vegetation on their property that may be a cause for concern.

If you have any questions on this subject please contact Keith Songhurst on 01245 453821 or keith.songhurst@birkettlong.co.uk.