Prospect couple pay $8500 to repair root damage from street tree but council refuse to remove the problem

A couple from a leafy Adelaide suburb have had to rip up their driveway because of root damage from a street tree – but the council refuses to foot their $8500 bill.

Doug Djukic and his wife Sheri, who has multiple sclerosis, have footed an $8500 bill to fix tree root damage to their plumbing, but the council will not cut the tree down to prevent the chance of repeat damage. Picture: Dean Martin

A Prospect man and his wheelchair user wife paid $8500 to replace plumbing damaged by roots from a council-owned tree – but the council won’t have to pay a dollar for repairs.

Doug and Sherilyn Djukic may have to dig up their driveway again down the track, because Prospect Council will not remove the tree outside their home, nor add root barriers because that could risk its health.

However, the tree is also lifting up the pavers in front of their home, causing mobility problems for Ms Djukic, and threatens to tip their fence over.

Mr Djukic in his backyard with the broken PVC piping and tree roots dug out during repairs. Picture: Dean Martin

Mr and Ms Djukic's driveway in Prospect, after it was dug up to repair plumbing damage caused by tree roots spreading from a public verge. Picture: Supplied

Mr Djukic, a software engineer in his 60s, said he loved the tree canopy on his street, but called the situation “unbelievable” and wanted other South Australians to know about laws shielding councils from liability.

“We trenched about 20m of driveway, 1.5m down … the tradesman told us, ‘I’ve never seen anything as bad as this’,” he said.

The tree roots are also causing the street pavers to lift up, meaning Ms Djukic cannot wheel her chair over the mound on her own. Picture: Dean Martin

After paying the damage bill in August, the Djukics lodged a compensation claim with the Local Government Association Mutual Liability Scheme.

In September, a staff member wrote back to deny the claim, saying while the council “acts as caretaker of street trees, it is not responsible for the naturally occurring behaviour of trees”.

He cited section 245 of the Local Government Act, which states “a council is not liable for any damage to property which results from the existence of a tree growing in a road (whether planted by the council or not)”.

The official said the council inspected the tree and “found (it) to be of good health”, but Mr Djukic said he could not find evidence of a visit by anyone on his CCTV. “Council has identified that root barrier is not a viable option as it would compromise the health of the tree,” the LGASA staff member wrote.

“Tree roots do not cause direct damage to structures such as piping. Tree roots act opportunistically and if a pipe is damaged, they are then likely to intrude, seeking out moisture and infiltrate the pipe as a consequence.”

Mr Djukic wanted Prospect Mayor Matt Larwood to visit his home and try pushing a wheelchair over the mound himself.

“That’s a lot of money for us – we have to pay for medical bills and treatment, and Sheri spent six months in hospital with Covid,” he said.

“If I touch that tree, they will take me to court. I’m not asking them to bulldoze the tree, but just to see if they can remove some of the roots.

“But it’s not just impacting us. This can potentially impact every one in South Australia in every council area.”

The couple are exploring their appeal options.

The council and the LGA were unable to offer further comment.

Originally published as Prospect couple pay $8500 to repair root damage from street tree but council refuse to remove the problem