Neighbours tree roots

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2 May 2013
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Any advice please.
My neighbour has a large tree in his garden the roots have encroached onto my lands and are now starting to cause issue with my property (drains, paths etc)
I have spoken to the neighbour and he has refused to do anything about his trees.!
Is there anything I can do to get him to reduce the height and minimise further damage and be responsible to pay for the issues caused by his trees ?
 
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Start digging and cutting and return the roots to your neighbour as they are his "property".
 
Copper nails pounded into the roots, holes drilled and engine oil / weedkiller poured in.
 
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No. The law permits you to abate the nuisance by cutting back roots and/or branches to your boundary. That is not criminal damage. However, if your actions cause the tree to die, you could be held responsible by the tree owner. It's wise before undertaking any such cutting to check that the tree is not protected and that it's not located in a conservation area. It would also be courteous to inform the tree owner of your intentions.
 
No. The law permits you to abate the nuisance by cutting back roots and/or branches to your boundary. That is not criminal damage. However, if your actions cause the tree to die, you could be held responsible by the tree owner. It's wise before undertaking any such cutting to check that the tree is not protected and that it's not located in a conservation area. It would also be courteous to inform the tree owner of your intentions.

Quite right.

To add to this, your neighbour could be liable for damages if the roots damage your property. It might be that the legal action would be pursued by your insurer, it might be worth asking them for advice. Once you have checked with them, you could let your neighbour know. He/she may well become more amenable. It does sound like he/she acts from self interest.
 

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