Invasive roots after tree cut down

Invasive roots after tree cut down

Postby ARKFRIEND » Tue Jun 27, 2017 11:59 pm

After alerting my neighbour that tree roots were lifting my walk path, neighbour amicably cut tree down and applied stump killer. However tree roots (suckers) have appeared in my lawn and travelled roots have lifted slabs of a distant patio. My now angry neighbour believes I should deal with the roots in my garden and is quite adamant that nothing needs to be done other than wait for the tree roots to die down having cut the tree down.

I can't walk up my path without tripping, and I am afraid of baby trees taking over my small garden. Am I right in thinking that I will be unsuccessful with a small claims action to recover the costs for any remedial work I undertake to rectify my walk path or remove invasive roots in my garden.
ARKFRIEND
 
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Re: Invasive roots after tree cut down

Postby MacadamB53 » Wed Jun 28, 2017 12:26 am

Hi ARKFRIEND,

Am I right in thinking that I will be unsuccessful with a small claims action to recover the costs for any remedial work I undertake to rectify my walk path or remove invasive roots in my garden.

more than likely IMHO, yes, unless he's reneging on a contract he'd entered into to pay for the works.

just because it was his tree is not enough - trees grow where they will and the action he took once he knew it was causing damage was reasonable.

Kind regards, Mac
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Re: Invasive roots after tree cut down

Postby ARKFRIEND » Wed Jun 28, 2017 9:57 pm

Why should a contract exist?
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Re: Invasive roots after tree cut down

Postby MacadamB53 » Wed Jun 28, 2017 10:11 pm

ARKFRIEND wrote:Why should a contract exist?
because if a contract existed you would have grounds for a claim.
otherwise what would your claim be based on - that he "ought" to pay for the work because it was his tree? it doesn't work like that because he didn't decide where the tree grew - Mother Nature did.
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Re: Invasive roots after tree cut down

Postby ARKFRIEND » Thu Jun 29, 2017 8:47 am

Your response does not make sense.

Given the laws of nuisance or trespass of tree/roots I have no valid case due to Mother Nature?
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Re: Invasive roots after tree cut down

Postby mr sheen » Sat Jul 01, 2017 5:24 pm

You have the right to remove the roots from your property. This will be at your expense.
The neighbour has been most amenable by removing the tree.
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