Our council tree root claim lawyers are ready to help you get the full compensation you are entitled to recover for your council tree damage claim.Has an unsafe council tree injured you or a member of your family? Has your property suffered damage due to a council tree that was in poor condition or due to the roots of a council tree that damaged your property below ground? If so, you may be entitled to lodge a claim against Council to seek compensation for your injuries or your property damage. At Henry Carus + Associates, we believe you deserve more for your claim – and we are ready to help you get the full compensation you are entitled to recover for your council tree damage claim.  

Why You Need Henry Carus + Associates to Handle Your Council Tree Root Claim

  • Our results speak for themselves

98% of our clients win their cases, with some getting up to five times what they were initially offered for a settlement

  • Our insights are without comparison

Our Henry Carus once worked directly for the City of Melbourne and on behalf of other Councils through their insurance company. In that role, he handled numerous tree root related claims and was considered an expert in such matters. We use that experience to your benefit.

  • Our determination is second to none

Over the years of defending claims for insurance companies, our Henry Carus saw how determined other plaintiff law firms were and especially, were not. He is aware of the various strategies employed by insurance companies to seek an early settlement that is not so favorable to the injured person or homeowners whose homes have been damaged. Our firm has developed the determination to overcome such strategies to achieve excellent outcomes.

Continue Reading to Learn More About Council Tree Damage Claims

What Is a Council Tree?

The City of Melbourne owns – and is responsible for – more than 70,000 trees on public property throughout the metropolitan area. Council has a set a goal of doubling Melbourne’s tree canopy cover by 2040. “City of Melbourne’s urban forest is critical infrastructure and an asset that provides innumerable environmental and health benefits to the municipality. The protection of trees is vital to retaining our city’s character and environment,” according to a document prepared by Council. Public trees (council trees) include trees that are situated on public property owned or controlled by the City of Melbourne. For example, council trees include those in parks, along footpaths, and on other council-owned properties bordering streets, boulevards, and other public spaces. The same extensive world of trees applies to all surrounding Councils, as each Council has a large array of trees for which it is responsible.

Who Is Responsible for Maintaining Council Trees?

Council is responsible for maintaining council trees. It uses a system of planning, contract management, and contract implementation to maintain the trees in its care. Part of that responsibility is monitoring what effects are being caused by tree roots from Council trees and responding to any complaints of injuries and damage caused by such tree roots.

Can a Council Tree Be Removed?

Council trees may be removed only under certain circumstances. These include:  
  • If the tree is considered hazardous.
  • If the tree is dead, dying or in severe decline due to natural causes.
  • If the tree is considered to be an inappropriate species for the location.
  • If the tree is interfering with utilities or causing damage to private infrastructure, and all feasible interventions to retain the tree have been exhausted.
  • If the tree causes severe allergic reactions.
  • If Council’s arborist determines that the tree is a poor specimen and contributes little amenity or ecological services.
  • If a development project will create improved green space that would not be possible without removal of the tree.
However, council trees may not be removed based on the following reasons:
  • To minimise obstruction of views, advertising, or signs.
  • To reduce leaf and fruit debris.
  • To increase sunlight.
  • For unjustified property damage claims.
  • For causing minor allergic or irritant reactions.
Council trees may not be removed if there a safe and practical way to retain the tree. Having said that, council trees can clearly be removed, or at least the effects of their roots can be addressed if one can establish that the tree roots are causing property damage to private property.

Can I File a Claim for Damages arising from the effects of Tree Roots from a Council Tree?

In certain circumstances, Council may be held responsible for paying damages if an individual suffers injuries or private property is damaged by a roots of a Council tree. When a council tree that is unsafe in some way causes injury to an individual or damage to private property, Council may be required to pay compensation on a claim brought by the injured person or the owner of the damaged property. Whether a Council will be held liable requires a thorough understanding of the law, and its application to the particular circumstances of an accident or a claim for property damage.

Get Free, Expert Legal Advice About Your Council Tree Damage Claim   

To find out how you can obtain maximum compensation arising from a claim involving council tree roots in Victoria, contact Henry Carus + Associates for a free claim review and confidential consultation with one of our lawyers. We are ready to discuss your situation and your legal options now. We operate on a No Win, No Fee basis, meaning you owe us nothing for our legal services unless we recover compensation for you. You can entrust your council tree damage claim to Henry Carus + Associates without financial risk. There are strict time limits on claims, so don’t put this off. Simply click on the button below and book your free initial consultation now. We will get back to you within 24 hours, and set up an appointment for you, so we can go over your compensation options and help you secure the maximum money you deserve for your claim.
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