Pigott Stinson recently successfully acted for a Club after local council refused to remove trees on council land the roots of which had caused damage to the Club’s car park and prevented the Club from upgrading the car park.
It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. This is referred to in legal terms as a “nuisance”. A person can take action through the courts to obtain damages, or even an injunction, against the owner of the land on which the offending trees are located if the encroaching tree roots amounts to an unreasonable interference with the use and enjoyment of that person’s land.
But what should you do if local council refuses to take action?
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