A Practical Guide to the Law in Relation to Tree Root Subsidence Claims’ is an essential resource for anyone involved in tree related subsidence disputes. Written by Sarah Dodd, solicitor and founder of Tree Law Limited, this comprehensive guide explains the law, procedure, and evidence that underpin tree root subsidence claims in the UK.
Covering everything from liability and causation to expert evidence, case law, and insurance considerations, the book gives clear practical guidance to lawyers, insurers, loss adjusters, engineers, surveyors, and local authorities. It draws together key decisions such as Delaware Mansions v Westminster City Council, Berent v Family Mosaic, and Solloway v Hampshire County Council, alongside the most recent case developments up to September 2025.
Structured for everyday use, this guide includes straightforward explanations, checklists, and examples that make complex legal principles easy to apply in practice. It’s the go-to reference for professionals managing tree root subsidence damage claims, from mitigation, claims to recover damages and TPO compensation claims.
Whether you’re advising a homeowner, defending a local authority, or negotiating with an insurer, this book helps you understand the law, reduce risk, and resolve tree related disputes efficiently.
Trees on boundaries can cause issues for numerous reasons.
Most common is where trees on a boundary grow and roots and branches from the tree encroach over the boundary line and into a neighbour’s property. This ‘nuisance’ can cause issues such as subsidence damage, direct damage from roots, as well as issues with blocking light, dropping leaves and attracting bird and their droppings.
There can be issues with trees on boundaries leading to arguments over their ownership. Oak trees, for example, have historically been boundary trees, so there can be disputes over who owns a tree which straddles a boundary.
Boundary ever-green trees can be such a contentious issue that the High Hedges legislation was brought in meaning that you can ultimately get an ASBO against a neighbour where an evergreen hedge is allowed to grow too high.
As they say, good fences make good neighbours. At Tree Law we change fences to trees. So we can help you to keep your boundary trees ‘good’ and avoid boundary dispute issues. We are here for the issues when they do arise too.
We can advise on all matters relating to boundary trees. Where issues might extend into grazing livestock and boundary trees, we can refer you to our preferred agricultural law supplier to help you
We offer the following fixed fees:
£500 plus VAT to write a letter to your neighbour
Our client contacted us concerned about the removal of trees on the boundary line between their property and next door. Next door had planning permission to build an extension which was due to be constructed right up to their boundary line. Without requesting the client’s permission, trees on the boundary line belonging ot our client were removed and foundations were dug for the new construction. Not only was this likely trespass and criminal damage for removing trees on our client’s land, the digging of the foundations was carried out without the Party Wall Act process being complied with.
This led to significant concerns by our client, made worse by the fact that removal of boundary trees had led to the ground becoming more water logged. Due to the importance of compliance with the Party Wall Act, our involvement led to the Party Wall Act being complied with retrospectively in order to limit any further issues with the construction works.
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