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tree-root-subsidence-claims

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 CouncilBerent 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.

Uncovering the impact: TPO protected trees felled because of subsidence

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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 by drawing on data from insurers, technical groups, and local authority reports, we can build a defensible estimate.

Starting from the ground up

  1. Subsidence claims per year
    In a typical year, around 15,000 domestic subsidence claims are made. During drought years — like 2022 — that number rises sharply to around 23,000.

  2. How many involve trees?
    Most subsidence cases involve vegetation to some degree. Industry estimates put this at 60–70% of all claims.

  3. How many lead to tree removal?
    Tree felling is relatively rare. Local authority data suggests that only 5–15% of vegetation-related claims end in felling — with the majority resolved through pruning, root barriers, or underpinning.

  4. How many of those trees were protected?
    Most trees involved in subsidence cases are publicly owned street trees, which aren’t usually covered by TPOs. To stay conservative, we can assume around 10–20% of felled trees were TPO-protected.

Putting the numbers together

That gives us a working estimate:

Normal year (around 15,000 claims):

  • Tree-involved: 9,000–10,500

  • Felled (5–15%): 450–1,575

  • TPO-protected (10–20%): 45–315

Drought year (around 23,000 claims):

  • Tree-involved: 13,800–16,100

  • Felled (5–15%): 690–2,415

  • TPO-protected (10–20%): 70–485

So across England, somewhere between 50 and 500 TPO-protected trees may be felled each year because of subsidence — fewer in wetter years, more after prolonged dry spells.

Why it matters

Every felling decision under a TPO represents a balancing act — between protecting built structures and preserving urban canopy cover. Without clear national data, we risk underestimating the cumulative impact on biodiversity, carbon storage, and local amenity.

Tree Law continues to advocate for more consistent reporting and transparency in how TPO-related decisions are recorded, especially where subsidence is cited as the cause.

Call to action

If your organisation deals with tree-related subsidence, TPO applications, or risk management decisions, we can help you navigate the complex overlap between law, engineering, and ecology.
Get in touch with Tree Law to discuss how we can support you — from advising on felling permissions to developing policies that protect both buildings and biodiversity.

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Sarah Dodd

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