A tree can never be regarded as completely safe and, as a result, the Courts expect a prudent landowner or tenant to inspect trees regularly, especially those trees in a position close to people and property. In many instances defects in trees usually start to develop many years before the tree becomes potentially unsafe. Regular inspections should identify and monitor such defects along with any other damage so that action can be taken before the trees become dangerous. If the owner feels unqualified to interpret features on a tree it would be prudent to seek assistance from a registered arboricultural consultant.
There are two types of damage that may be caused by tree roots - direct & indirect type damage. The former relates to pressure that may be exerted by tree roots as they grow, which usually only affects lightly loaded structures such as garden walls, driveways and patios. Indirect damage occurs when tree roots take moisture from shrinkable (usually clay) soils. As they do this the soil shrinks and may result in subsidence and cracks appearing in the structure. This is known as localised differential soil shrinkage or subsidence damage. If cracks appear in a building and it is thought that a tree on neighbouring land may be to blame then the tree owner (or his insurer) may be liable for costs of repairs
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