Roots are the underground part of a tree or plant which act as their anchor in the soil and absorb water and nutrients.
Here at Tree Law the following issues crop up relating to roots:
🏠Subsidence damage – where roots from a tree encroach underneath the foundations of a property. Where that property is built on a shrinkable soil which swells in volume with moisture and shrinks when dry, the removal of moisture by the roots, under the foundations, in a hot dry summer can cause issues. Check out how we can help with subsidence claims – Tree Root Subsidence | Tree Law – Legal tree expert
🧱Direct damage – where roots from a tree cause direct damage to things such as pavements, roads and walls. Highways authorities have a responsibility to keep roads and pavements clear. Neighbours can be in dispute with one another over a boundary tree causing direct damage to a garden or driveway. Check out how we can help with direct damage claims – Direct root damage | Tree Law – Legal tree expert
🏘️Nuisance – where roots from a tree on one person’s land encroach across the boundary and onto the other person’s land. There exists a common law right to cut roots and branches back to the boundary line. However such a right must be exercised with advice and arguably can only be exercised where the nuisance has caused damage.
🏗️Construction – where roots from a tree have been damaged in the course of construction. BS5837 sets out how to protect the roots of trees during construction works. Clients often approach us asking about how to seek compensation for a dying or dead tree which was perfectly fine before constructions works went ahead nearby.
🌳Protected roots – Where a tree is protected by a tree preservation order, for example, the roots are also protected. The same permission requirements are needed if works to a protected tree will involve damage to the roots only. For example, installing a tree root barrier in proximity to a protected tree. Check out how we help with protected trees – Protected Trees | Tree Law – Legal tree expert
There are also magical things that you learn about trees and their roots. For example an Oak tree is able to tell its own acorns apart from acorns from another tree. So if an acorn falls far from the tree it can send out its roots to transfer nutrients to its own acorn to help it grow.
Tell me that’s not magic 🪄
