Rights In Rem vs Rights In Personam: Why the Difference Matters in Tree Law (and What the Newport Case Shows Us)
In tree law, words matter, sometimes more than people realise. Two phrases that seem abstract in a law textbook, in rem and in personam, become vitally important when we’re dealing with Tree Preservation Orders (TPOs), enforcement, and the consequences of unlawful works. Recently, the distinction became very clear in the well-publicised Newport City Council case, where substantial unlawful works to protected trees resulted […]
Case Summary: Cordin & Others v Newport City Council
High Court (TCC), Graham Jones J Claim No: TCC/07/06/CF0185 Judgment: 2009 Background On 30 October 2000, severe flooding occurred in the Crindau area of Newport, affecting around 130 homes, including the claimants’ properties. The flooding arose from the Malpas Brook after heavy rainfall and inadequate management of the Gwaelod‑y‑Garth reservoir and associated sluice gate. […]
Garden Offices: A Growing Risk for Insurers
Garden offices have boomed since 2020, fuelled by hybrid working and the desire for separate home workspaces. Yet many were built quickly, often on shallow slabs, close to mature trees — and they’re now becoming a significant and under-reported source of subsidence and structural claims. 1. The Construction Problem Most garden offices are lightweight, timber-framed […]
Tree Owner’s Responsibility for Leaf Litter
*(England & Wales)* 1. General Position Fallen leaves, twigs, fruit, blossom, and similar natural detritus are regarded in law as “natural occurrences”. Their mere presence on neighbouring land, in gutters, or drains does not normally give rise to liability in nuisance, negligence, or trespass. The law distinguishes between encroachment (e.g. roots or branches growing into […]
Tree Root Subsidence: Succeeding in a legal claim
Once a property has been repaired, the focus often turns to recovery — recouping the insurer’s outlay from the tree owner whose negligence allowed the damage to occur. These are private-nuisance claims, and they look deceptively simple. In reality, they turn on fine legal distinctions that can make or break recovery. The five hurdles to […]
R v Chamdal [2025] EWCA Crim 1384 – Sentencing Summary and Practice Implications
Case: R v Chamdal [2025] EWCA Crim 1384 (Court of Appeal (Criminal Division), 3 November 2025) Statute: Town and Country Planning Act 1990, s.210(1)(c) (contravention of TPO); s.206 (replanting duty). ———————————————————— 1. Facts & Procedural History – Appellant pleaded guilty on re‑arraignment to contravening a TPO at the former Debden Hall Estate, […]
Case Update: Homeowner Wins £423,000 in Landmark Persimmon Foundations Case
What this means for property owners, developers, and professionals dealing with ground movement and defective construction. Background A recent High Court judgment — Mallas v Persimmon Homes Ltd [2025] EWHC 2581 (TCC) — shines a spotlight on the consequences of getting foundation design wrong. Mr Ioannis Mallas purchased a newly built Persimmon home in Reading in 2015 for £649,495. […]
Tree Root Subsidence — Balancing Cost, Carbon and Reputation
Unlike most insured perils, subsidence doesn’t stop when you make a claim. It continues quietly, season after season, until the cause is removed or controlled. That’s what makes mitigation both essential and sensitive. The duty to mitigate Once evidence shows that a tree is causing movement, the claimant — and by extension their insurer — […]
When the berries bite back: What the law says about poisonous plants & berries
Introducing this week’s guest blogger; Lili-Berri, Tree Law’s new paralegal Lili says: “I spent some time recently researching and collating information about poisonous berries. I was shocked to learn how common poisonous berries are in the UK, and the extent of damage they can inflict on a person/animal. In my opinion there is a serious […]
Uncovering the impact: TPO protected trees felled because of subsidence
How Many TPO-Protected Trees Are Felled Each Year Because of Subsidence? It’s a question that often crops up in our work: how many protected trees are actually felled each year because of subsidence? The short answer — no one really knows. There’s no national dataset that links Tree Preservation Orders (TPOs) to subsidence-related decisions. But […]
