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.
The reason that you take out insurance cover is so that you’re protected financially should an incident occur.
Whilst the vast majority of situations go smoothly once a notification is made to an insurance company, there are situations where a disagreement occurs between the insurance company and their insured.
This might lead to the insured wanting to make a complaint via the insurance company’s complaint process; make a complaint to the Financial Ombudsman Service or start litigation for breach of contract.
We can help by understanding the terms and conditions of your insurance policy and advising you on your position in respect of insurance cover. Should we advise that we believe that your insurance company has interpreted the terms of the contract of insurance incorrectly then we can represent you in making a complaint through the insurance company’s complaint process.
If that complaint does not resolve the dispute we can represent you in bringing a complaint to the financial ombudsman service.
Get in touch for a discovery discussion about your situation so that we can agree on a way forward and an appropriate fee structure.
Our client approached us as she had received a letter of claim from the insurance company of her neighbour alleging that a tree in her ownership had caused damage to their property.
Our client notified her insurance company about this letter but her insurers refused to indemnify her in relation to this claim as they said that she had not carried out the steps which had been requested of her to mitigate the claimant’s loss by carrying out work to reduce her tree. Points raised by the insurance company demonstrated an incomplete understanding of how tree root subsidence damage occurs and also assumed the Claimant’s position on causation and mitigation was correct.
We represented the client in the complaints procedure to the insurance company who, following the points on subsidence and mitigation being set out clearly in relation to the facts to his claim, accepted their cover and confirmed that an indemnity would be provided.
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