A homeowner in Horten is seeking more than half a million kroner in compensation after a century-old oak tree, described as the finest on his property, collapsed during a storm. The claim rests on the allegation that municipal roadwork performed years prior compromised the tree’s root system, leaving it vulnerable to the elements.
Øystein Leth, whose property at Tveiten was home to the 110-year-old oak, describes the loss as a profound disappointment. The tree, characterized by its massive and expansive crown, provided significant shade during summer months before it was brought down by Storm Amy in October.
The dispute centers on whether the collapse was an act of nature or the result of human negligence. While storms often claim traditional trees, experts who examined the site suggest this particular fall was atypical for a healthy oak of its size.
Det store eiketreet var 110 år gammalt og gatas flottaste, meiner Leth.
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Evidence of Root Damage
Following the collapse, Leth contacted arborist Stian Antonsen of Harpix Heartwood Empire AS to manage the removal of the debris. Upon inspection, Antonsen noted that the fall was “strange,” as a healthy tree of that magnitude should typically withstand such a storm.
Antonsen’s assessment focused on the tree’s anchoring system. He explained that large trees rely on a robust and healthy root network to remain upright. In this case, the critical anchoring roots on the eastern side—the direction from which the wind blew during the storm—were missing.
Leth points to municipal roadwork conducted in 2017 as the likely cause. He recalls that crews dug approximately one meter from the tree’s trunk. This suspicion was bolstered when red crushed stone, typically used in construction and roadwork, was discovered deep in the ground after the tree fell. Antonsen concluded that there had clearly been digging in the root zone in recent times.
Eiketreet etter at det fall under stormen “Amy”.
Stian Antonsen, Harpix
Valuation and Legal Standing
To determine the financial loss, Leth consulted Kristin Moldestad, a plant scientist and arborist at Trekontoret AS. Using Norsk Standard for the valuation, Moldestad appraised the tree at 569,000 kroner.
This high figure is attributed to the tree’s significant size, and vitality. With a trunk circumference exceeding 260 centimeters, the oak falls under the category of a “selected nature type” (hole oaks) as defined by Section 52 of the Nature Diversity Act (naturmangfoldlova). Under this law, there is a specific duty of care required when performing interventions in or near such nature types.
Leth argues that the municipality failed in this duty of care during the 2017 roadworks, which he believes directly led to the tree’s instability. “It would surprise me if the case is dismissed,” Leth stated.
Det var vegarbeid rett utanfor tomta i 2017.
Foto: Øystein Leth / privat
The Municipality’s Response
Horten municipality has acknowledged the claim but describes it as an unprecedented situation. Thomas Kirkhus, the service manager for municipal technology, stated that the municipality has never encountered a similar demand before.
“This is not a common case for us, and certainly not for our insurance company either,” Kirkhus said.
The municipality is currently searching for documentation regarding the roadwork conducted in the area to determine the extent of the digging and whether it aligns with the arborist’s findings. Kirkhus noted that it is too early to predict the outcome of the case or provide a specific timeline for the administrative process.
The case now hinges on whether the municipality can prove that the 2017 work was conducted with the necessary care required by the Nature Diversity Act, or if the documented root loss constitutes a breach of that duty.
The next step in the process involves the municipality’s internal review of historical roadwork records and subsequent communication with their insurance provider. Official updates on the claim’s status are expected once the documentation phase is complete.
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