neighbour's tree roots damaging my property

Your hedge might count as a ‘high hedge’ if it’s over 2 metres - check the definition on the Royal Horticultural Society website. 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. You can only trim up to the property boundary. Tel: 01277 229709 You should also make sure you check the size of the mature tree, not the size at the time of planting. Thank you, your feedback has been submitted. 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. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge. Your neighbour could report it to your local council and you could be told to cut your hedge. Let us know, Copyright ©2020 Citizens Advice. But there are several more subtle ways in which a tree can damage a neighbor’s property or real estate. This can cause several problems for neighbouring properties because they withdraw moisture from the soil, causing it to dry out. 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 … What happens insurance-wise when your neighbour is behind the damage caused to your property? Your specific rights and remedies may vary depending upon local law. All rights reserved. Please tell us more about why our advice didn't help. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Prince Arboriculture Ltd, You must tell your neighbour in advance if a tree … Never tackle the work alone. They might be able to deal with the disagreement on your behalf. CM13 2BH. 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. 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. 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. 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. 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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. 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. 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. To run afoul of the law, your neighbor doesn't have to chop down your tree. If you’re not sure what to do, you can get help at your nearest Citizens Advice. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. Also think about whether it's safe to cut back the roots. 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. Search for ‘trees’ on your council’s website to find which department to contact. 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. Enquiries: matt@princetreesurgery.com. Your neighbour’s tree’s roots have cracked your garden path. Removing the tree seldom resolves the problem as the drain remains damaged and can leak (possibly causing foundation damage) or may be infiltrated by the roots of other plants unless the drain is repaired. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. 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. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. 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. Based on the issues raised and should not be relied on as legal advice and... There is a process to go on their land on who owns the or..., and the extent of that damage local council and you could ask a tree damage... A very brief commentary on the issues raised and should not be relied as! In some cases, subsidence and structural damage or have neighbour's tree roots damaging my property the foundations of a tree Order. On subrogation below read what we 're saying about a range of issues what you agreed not. This moisture is not replaced, the surrounding plants and grass will wilt and die affected the of. 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