Tree roots and claims in nuisance

In Berent v Family Mosaic Housing [2012] EWCA Civ 961, [2012] BLR 488 the Court of Appeal affirmed that disputes relating to damage to property alleged to have been caused by tree roots were to be decided by the application of the general law of negligence and nuisance. Cases of this type are not governed by any special set of principles. On the facts it was held that, at the time at which the damage was caused to the claimant’s property, there was no evidence that the defendants should have identified the trees as posing a risk to the claimant’s property of a nature and extent which imposed upon them a duty to take some preventative or remedial action over and above the tree management regime they had in place at the time. However, it was held that the claimant was entitled to recover £150 by way of damages for distress, inconvenience and loss of amenity in respect of the defendants’ failure to remove the trees in a timely way after they became aware of the need to remove the trees.