ASK THE EXPERT, TREE DAMAGE

Question. Strong lateral roots from ornamental trees planted 8 years ago by the developer are causing damage to roadways, paths and parking stalls. Some of the trees are scarcely more than 6 feet from the residential units and there is concern that the foundations may eventually be affected. What redress does the Strata Corporation have against the developer and the landscape architects?

Answer. The strata corporation must first take steps to remedy the situation (as is the case with any deficiency). That will likely involve removing the current trees, planting new smaller trees and repairing the damage to the roads, paths and parking stalls.

The strata corporation can then consider suing both the developer and the landscape architect on the basis that they were negligent in planting the trees where they did.

The strata corporation must prove that they (in particular the landscape architect) knew or should have known that the roots of the trees would grow as fast as they did and cause the damage that they did. This would require an expert opinion from another landscape architect that a reasonably prudent landscape architect would not have recommended planting such trees there.

Such a case is not necessarily easily made.

Editors note. Although the affected strata may not at present contemplate legal action it would be wise to retain arborists reports and photographs against the possibility of future action.