Tree Root Intrusion and Strict Liability for Property Damage

A property owner sued a neighbor for damages resulting from tree roots invading the owner's land and damaging their building's foundations, arguing the roots caused structural harm, and the lower court dismissed the claim based on a finding that the neighbor had not failed in their duty of care regarding tree maintenance. The high court quashed the decision, reasoning that when a neighbor's tree causes demonstrable damage to adjacent property due to root intrusion, the neighbor is strictly liable for the resulting harm under the relevant property code provisions, irrespective of whether the neighbor was negligent in maintaining the tree.