A Practical Guide to the Law in Relation to 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 Council, Berent 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. ABOUT THE AUTHOR Sarah Dodd is the founding owner of Tree Law Ltd, a law firm specialising in the claims involving trees. Prior to setting up Tree Law, Sarah carried out her training contract with the NHS in Wales, qualifying as a solicitor in January 2002. On qualification Sarah moved to work at Eversheds where she acted for insurance companies, utility providers and banks in relation to their civil claims. She moved from there to DACBeachcroft where she led the subsidence team acting for numerous household insurers, later becoming a partner. In 2018 Sarah took on the role as Vice Chair of the Industry Subsidence Forum and became the Chair from 2020 until 2022. Sarah has been part of the team involved in the redraft of the London Tree Officers’ Joint Mitigation Protocol, which is due to launch in 2025 for use in subsidence claims. Tree Law was launched in November 2021 following a desire to focus her expertise on tree claims and provide a service putting the environment at the heart of advice. Sarah is now proud to refer call herself The Tree Hugging Lawyer. CONTENTS Chapter One – What Is Tree Root Subsidence? Chapter Two – Nuisance and Negligence Chapter Three – Mitigation Chapter Four – Legal Remedies Chapter Five – The Law of Subrogation Chapter Six – Different Tree Owners Chapter Seven – What Court and What Protocol? Chapter Eight – Common Defences Chapter Nine – TPO Trees Chapter Ten – Complaints to the FOS Chapter Eleven – Insurance Cover and ABI Agreements Chapter Twelve – The Future of Tree Root Subsidence Claims Appendix A – Glossary of Definitions Appendix B – Key Case Law in Tree Root Subsidence Claims Appendix C – Key Case Law in TPO Compensation Claims