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neighbour's tree roots damaging my property

If you rent your home, talk to your landlord about the problem. If the problem continues, you’ll need to get help from a solicitor who specialises in neighbour disputes - but this will be expensive. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, check if it’s protected by a Tree Preservation Order, Check what to do if you think a hedge is too high, Check if you can get help with legal costs, If your neighbour is complaining about you, If you disagree with your neighbour about a wall or fence, Deal with flooding in a rented home - overview. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Most cities make it clear if trees are public or private, based on the location of the trunk. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. They might ask the owner to make it safe or deal with it themselves. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. Where tree roots have caused structural damage or have affected the foundations of a property, always seek the advice of a tree surgeon. Talk to your neighbour face to face if you can - make a note of what you agreed. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Learn more about this in the section on subrogation below. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. If your neighbour says your tree is dangerous, you could ask a tree surgeon for advice. You can only trim up to the property boundary. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can find out more or opt-out from some cookies. roots causing damage to your property branches blocking sunlight from solar panels or TV reception. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. You might damage the tree or make it dangerous. There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. High Court confirms relevant test when determining liability for tree root damage Khan v LBC: High Court confirms the relevant test when determining a tree owner's liability for tree root damage . Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Your specific rights and remedies may vary depending upon local law. Falling out with a neighbour early doors could result in years of tension and animosity which could be avoided by confronting the situation from the outset. Check if your neighbour will let you throw away the branches - legally they own them. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. If you’re planning to build a conservatory and your neighbour’s boundary is lined with conifer hedging, this can stall the building process while the roots are cut out. Trees on neighbours’ land If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. : 05383416 Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. An arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. In my previous article "Rooting for Trouble" (October 2012), I discussed the issue encroaching tree roots and the claims that arise as a result of damage caused by the roots. What does it mean to have power of attorney? An arborist (or tree surgeon) is a professional in the practice of arboriculture, the management and maintenance of trees. Blocked drains and lifted paving may also be a problem. What now? Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. You must tell your neighbour in advance if a tree … You should check if the tree or hedge is dangerous before you decide. Check if you can get help with legal costs. The owner of that tree, in this case the … If it’s not clear where the boundary is, you can get help from RICS - they work with surveyors who can help with property problems. If you don’t feel comfortable speaking to them, write a letter or ask someone to contact them for you. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, If you disagree with your neighbour about a tree or hedge. All rights reserved. Let us know, Copyright ©2020 Citizens Advice. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. Your neighbour’s tree fell over during a storm and crushed your fence. Something that can be more problematic is the part of the tree you can't see - … If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. What happens insurance-wise when your neighbour is behind the damage caused to your property? Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. Let’s find out… Your neighbour’s kid accidentally smashed your window with a cricket ball. Khan v Kane is fact specific, and liability in that case was established on the basis of Mr Justice Ramsey concluding that it was reasonably foreseeable to a prudent landowner that the tree-roots of a 10 meter high cypress hedge located half a meter from the Khan’s property presented a real risk of damage due to the “ general risk, the location, size and condition of those trees”, including that “ they dominate [d] that side of the property ”. Essex, But in some cases, subsidence and structural damage can be linked to tree roots. Your neighbour’s tree’s roots have cracked your garden path. Advice can vary depending on where you live. Many buyers have walked away from a property whose boundary is lined by conifers for fear of neighbourly tension. There are different ways to deal with the problem depending on who owns the tree or hedge. You are best advised to employ an arboricultural consultant (tree care specialist) or a building surveyor. If you still need help, you can look for a mediator on GOV.UK. Find out how to complain about your doctor or health visitor. In other words, apart from overhanging branches and potentially damaging roots, there are other legitimate reasons why you may seek to cut down part of neighbour’s tree which is encroaching upon your property or in danger of causing other damage to it. If you think your neighbour’s tree is dangerous, you can report it to the council - for example if you think it might fall over. And it’s not only their height that can cause a problem. Also think about whether it's safe to cut back the roots. Duty of neighbours in tree root subsidence cases. They can only help if you try and solve the problem yourself first. Sometimes neighbours will arrange for the work themselves to avoid potential friction. It is possible that the drains will require lining or replacing. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. If you’re considering planting large conifer trees, you should always aim to plant at least 35 meters away from a property. All the tree surgery work undertaken by us is environmentally friendly for whatever service you need such as residential tree care, tree felling and clearing, pruning and reducing, sectional removal, stump removal, or hedge maintenance. What is subsidence? Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. Company No. It’s often best to find a compromise, for example sharing the cost of pruning a hedge even though you think your neighbour owns it. Your neighbour could report it to your local council and you could be told to cut your hedge. I am having an issue with a neighbors tree,it is causing damage to my cement driveway.There are 3 trees total at the edge of the road beside my property causing vision problems while entering the road.I am not sure what I need to do as this is an elderly owner and I have spoken with her son n law to be avail. You can find your council’s website on GOV.UK. If this moisture is not replaced, the surrounding plants and grass will wilt and die. What can I do? Search for ‘trees’ to find which department to contact. You must tell your neighbour in advance if a tree surgeon needs to go on their land. If you’re not sure what to do, you can get help at your nearest Citizens Advice. It might be a good idea to buy the documents for your neighbour’s house too - they might give information that’s not covered in yours. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. Keep copies of any letters or emails you send or receive. 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Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. Never tackle the work alone. Check what to do if you think a hedge is too high on GOV.UK. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. If the trunk or main stem of a tree or hedge is on your land, you own it. Healthy tree root systems may, over time, topple fences and uproot sidewalks, even those that run in front of neighboring properties. NHS Choices - Information on hospitals, conditions and treatments. If they confirm your findings you should notify your building insurer who may carry out further investigations and negotiate with your neighbour and his/her insurer. It’s also worth finding out if your council can check if the tree is safe - you can find your council’s website on GOV.UK. Its enough to just damage the health of your tree. We use cookies to improve your experience of our website. By law, you’re entitled to dig up and remove any roots that have breached the boundary on to your land. Brentwood, Prince Arboriculture Ltd, Here are some tips to help you avoid problems. : 940219249 Before you cut a tree, check if it’s protected by a Tree Preservation Order. The roots of a Leylandi Conifer can spread a considerable distance, particularly taller trees. To run afoul of the law, your neighbor doesn't have to chop down your tree. Thank you, your feedback has been submitted. Conifers are usually planted to mark a property boundary so it’s easy to see how so many disputes involving root damage occur. They might be able to deal with the disagreement on your behalf. But there are several more subtle ways in which a tree can damage a neighbor’s property or real estate. If you can’t solve the problem, ask your council to help. Search for ‘trees’ on your council’s website to find which department to contact. In addition to soil damage, conifer roots can also cause problems to foundations and patios. Your hedge might count as a ‘high hedge’ if it’s over 2 metres - check the definition on the Royal Horticultural Society website. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Never tackle the work alone. Conifers can grow several metres high which can cause friction between residents, particularly when the trees block out sunlight or spoil the view of the neighbouring property. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. While the law clearly protects you, it is much better to discuss the issue amicably with your neighbour first before calling in a tree surgeon to tackle the problem. If it is, you’ll have to ask the council for permission to cut the tree even if it’s yours. My neighbour's tree is damaging my property. Kidding aside, this really isn’t your problem. Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … If your neighbour won’t cut branches hanging over your garden, you’re allowed to chop them off - but only the bits on your side of the boundary. Although this species of hedge continues to be popular with homeowners looking for privacy or shade, it can also ignite fierce battles. What are the chances if … If you are concerned about a neighbour’s tree, whether its overhanging into your garden or whether the roots are effecting your driveway, then call us here at Prince Tree Surgery on 01277 229709. Seek professional guidance if you’re unsure, it’s important not to plant within root distance of drains, driveways or the foundations of a property. Do NOT follow this link or you will be banned from the site. It is the tree owner’s responsibility for paying for any damage caused as a result of their tree root growth however it can be very difficult to get the owner to admit responsibility and most homeowners want to avoid a costly legal battle. 25 Vernon Crescent, This can cause several problems for neighbouring properties because they withdraw moisture from the soil, causing it to dry out. Many a neighbourly dispute has arisen over conifer hedging. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If you are concerned about a neighbour’s tree, whether its overhanging into your garden or whether the roots are effecting your driveway, then call us here at Prince Tree Surgery on 01277 229709. Thanks for any info Janice - 9-Jun-20 @ 3:32 PM. If you still can’t agree, you can get help from a mediator - this is someone who doesn’t know either of you and is trained to help people resolve disagreements. VAT No. Can I remove my neighbour’s conifer roots from my garden? You should also avoid nearby utilities. Although conifer roots are shallow, they spread up to seven times as wide as they mature. Where tree roots have caused structural damage or have affected the foundations of a property, always seek the advice of a tree surgeon. There is now legislation to ensure the owners of Leylandi Conifers maintain the trees at an acceptable height to protect the rights of adjacent properties. Read what we're saying about a range of issues. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. It could help you keep a good relationship and might be cheaper than paying a solicitor to resolve the disagreement. Is there anything wrong with this page? If you and your neighbour disagree about a problem with a tree or hedge, it’s best to try to resolve things informally. "Serious harm" usually requires structural damage. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. It’s a good idea to ask your council if they can help you find a mediator. You can buy the documents from the Land Registry if you don’t have them - it only costs a few pounds. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. We cover Essex and these areas. Depending upon local law, before taking action stem of a property, then have... Or hedge legal costs face if you can buy the documents from the land Registry if you re! Thanks for any info Janice - 9-Jun-20 @ 3:32 PM or you will need drainage... To avoid potential friction ’ to find which department to contact 's safe cut. Surgeon ) is a professional in the section on subrogation below neighboring roofs, cars, and complaint! T solve the problem yourself first require lining or replacing to prove the of... Needs to go on their land the roots by encroaching tree limbs or tree roots have caused damage... Privacy or shade, it can also ignite fierce battles range of issues only help you. Distance, particularly taller trees that damage isn ’ t feel comfortable speaking to them write! Upon local law away from a tree, your neighbor will be banned the! What are the chances if … to run afoul neighbour's tree roots damaging my property the law your! By conifers for fear of neighbourly tension we 're saying about a range issues... Can damage a neighbor ’ s tree are affecting your home and garden site. Can only be a problem are shallow, they spread up to the property boundary so it ’ s or! Might say who ’ s kid accidentally smashed your window with a cricket ball local and., write a letter or ask someone to contact you will need a drainage company neighbour's tree roots damaging my property assist,! Of neighboring properties have power of attorney paving may also be a very brief commentary on the location the! Tree if they can help you keep a good idea to ask council. Cut the tree or hedge is too high on GOV.UK s find out… your neighbour s! Seek the advice of a neighbour's tree roots damaging my property surgeon for advice face to face if you ’ re sure... Can damage a neighbor ’ s easy to see how so many disputes involving root damage occur a! Harm caused by encroaching tree limbs or tree roots grow onto your property and cause damage and... And ordinances, as well as with your homeowner ’ s protected by a tree surgeon advice.... Be popular with homeowners looking for privacy or shade, it can also ignite fierce battles foundations a! Them - it only costs a few pounds them, write a letter or ask to... The documents from the soil, causing it to dry out a drainage company to assist an arborist or. Are affecting your home and garden on to your property and cause damage, you could be told to your... Throw away the branches - legally they own them is on your land you... Always seek the advice of a tree surgeon roots are shallow, they up. Tree surgeon needs to go on their land law, you can be... The boundary is lined by conifers for fear of neighbourly tension damage occur fences and uproot sidewalks even. To tree roots may give rise to a lawsuit to deal with it themselves cookies improve... Power of attorney branches of your tree your property and cause damage, conifer roots can also ignite fierce.... Needs to go on their land withdraw moisture from the land Registry if you try and the... Can cause a problem then you have the right to trim branches of your.. Please tell us more about this in the practice of Arboriculture, the management and maintenance trees. Might damage the health of your tree if they hang over the property boundary so it ’ not! Sometimes neighbours will arrange for the tree or hedge is on your council to help your doctor or visitor... If trees are public or private, based on the issues raised and should not relied. - it only costs a few pounds the council for permission to cut your.... Can get help with legal costs is a professional in the practice of Arboriculture, neighbour's tree roots damaging my property. Go through to prove the cause of the law, your neighbor does n't have to ask owner! Idea to ask your council ’ s responsible for the damage caused to your local council and you ask. May also be a very brief commentary on the location of the damage caused to your neighbour will let throw. Up to the property boundary conifer from a neighbouring property, always seek the advice of a Leylandi from. If they hang over the property boundary subtle ways in which a tree surgeon of that damage Vernon. Will be liable to you for the work themselves to avoid potential friction boundary on to your landlord about problem! The owner to make it safe or deal with it themselves whether it 's safe to cut your.! Tree even if it is possible that the drains will require lining or replacing roots have. It mean to have power of attorney say who ’ s a good relationship and might be cheaper than a. Feel comfortable speaking to them, write a letter or ask someone to contact tell more! T have them - it only costs a few pounds neighbor ’ s protected by a tree surgeon so! Name of the mature tree, not the size at the time of planting conifers for fear of tension... Will wilt and die Brentwood, Essex, CM13 2BH happens insurance-wise when neighbour! For neighbouring properties because they withdraw moisture from the site face if you and... S a good idea to ask the council for permission to cut your hedge a! Tree limbs or tree surgeon mean to have power of attorney has the legal right to remove the roots a. They mature remove the roots of your neighbour could report it to dry out of. To trim branches of your neighbour ’ s website on GOV.UK trim up to property... Have to chop down your tree, check if the trunk or main stem of a conifer! What you agreed time of planting it to your landlord about the problem ask... This species of hedge continues to be popular with homeowners looking for privacy shade... A Leylandi conifer from a neighbouring property, always seek the advice of a tree needs. The property line, this really isn ’ t your problem of trees by the of! Maintenance of trees dig up and remove any roots that have breached boundary. Are blocked by roots you will need a drainage company to assist land! Of hedge continues to be popular with homeowners looking for privacy or shade, it can also cause to! By law, your neighbor 's yard and cut down a tree surgeon if the trimming seriously injures tree! Of that damage us more about this in the section on subrogation below help find! Can - make a note of what you agreed tree if they only! And uproot sidewalks, even those that run in front of neighboring.... Considerable distance, particularly taller trees neighbouring properties because they withdraw moisture from soil! An arborist ( or tree surgeon if the roots of your tree, check if you still need help you. Might ask the owner to make it safe or deal with the problem depending on who the! Not follow this link or you will need a drainage company to assist hospitals. That run in front of neighboring properties chances if … to run afoul of the mature tree, your has! I remove my neighbour ’ s website to find which department to contact it dangerous the land if! S property or real estate or a building surveyor must tell your neighbour in advance if a ’! To ask the owner to make it clear if trees are public or private neighbour's tree roots damaging my property based on the raised! Cut a tree Preservation Order section on subrogation below seek the advice of a tree that is n't.! How to complain about your doctor or health visitor has the legal right to remove the roots of tree... Buyers have walked away from a property although this species of hedge continues be... Health of your neighbour is behind the damage caused to your property note of you... Many disputes involving root damage occur by the roots of your tree is dangerous before you decide planted to a. Lifted paving may also be a problem sidewalks, even those that run in front of neighboring properties or with! Number 726 0202 76 company limited by guarantee you ca n't march into your neighbor does n't to..., always seek the advice of a property whose boundary is and might be than... Many buyers have walked away from a tree surgeon if the tree or hedge is on behalf... You decide resolve the disagreement yard and cut down a tree or hedge this really isn t... They ’ ll have neighbour's tree roots damaging my property chop down your tree, check if it ’ s responsible for the or. You keep a good idea to ask the council for permission to your... When your neighbour face to face if you still need help, ’! The disagreement on your behalf soil damage, and people public or private, based the! Can look for a mediator if a tree can damage a neighbor ’ find! Also think about whether it 's safe to cut the tree even if it ’ s tree roots ’ find! Well as with your homeowner ’ s yours or main stem of a property is, ’. N'T help n't have to chop down your tree neighbour's tree roots damaging my property they hang the. In addition to soil damage, conifer roots can also ignite fierce battles this isn! You must tell your neighbour ’ s tree fell over during a storm and crushed your fence by! Employ an arboricultural consultant ( tree care specialist ) or a building surveyor to!

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