tree roots going into neibours garden

tree roots going into neibours garden

Postby neeraj » Thu Apr 19, 2012 12:20 pm

Hello

My neighbour wants to cut my tree roots going into his property. he said that if tree fall or do some dameg to anything then i will be resposible. is that so? what can i do if he do so? he wants to laydown paving in his front garden. i bought this house two years ago and tree was always there. can anybody tell me what the law says to this.
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Re: tree roots going into neibours garden

Postby WILL*REMAIN*STRONG » Thu Apr 19, 2012 1:36 pm

neeraj wrote:Hello

My neighbour wants to cut my tree roots going into his property. he said that if tree fall or do some dameg to anything then i will be resposible. is that so? what can i do if he do so? he wants to laydown paving in his front garden. i bought this house two years ago and tree was always there. can anybody tell me what the law says to this.


Hi neeraj.

Yes he can cut through your trees roots, just like he can cut branches which overhang. You have bought a property with a tree, so you do have a duty of care, which means you should visually inspect your tree for any damage of disease. You don’t need to do much more than that as I understand it. So if damage occurs from tree roots, you are only potentially responsible after you have been put on notice. Any damage would become an insurance claim, and they may or may not be able to prove it is down to your tree.

If your tree dies or falls as a result of roots being cut, YOU could try to claim damages in court, or they could, but then they cut the roots! You both would be at the mercy of a judge who would need to see things from both sides. Your neighbour has the right to use his or her garden as they see fit, just like you have the right to grow a tree or buy a property with trees etc.

A well laid patio should be fine, and your tree should be fine even with some of its surface roots cut back. Only time will tell, not really worth worrying over for now.
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Re: tree roots going into neibours garden

Postby neeraj » Thu Apr 19, 2012 3:06 pm

WILL*REMAIN*STRONG wrote:
neeraj wrote:Hello

My neighbour wants to cut my tree roots going into his property. he said that if tree fall or do some dameg to anything then i will be resposible. is that so? what can i do if he do so? he wants to laydown paving in his front garden. i bought this house two years ago and tree was always there. can anybody tell me what the law says to this.


Hi neeraj.

Yes he can cut through your trees roots, just like he can cut branches which overhang. You have bought a property with a tree, so you do have a duty of care, which means you should visually inspect your tree for any damage of disease. You don’t need to do much more than that as I understand it. So if damage occurs from tree roots, you are only potentially responsible after you have been put on notice. Any damage would become an insurance claim, and they may or may not be able to prove it is down to your tree.

If your tree dies or falls as a result of roots being cut, YOU could try to claim damages in court, or they could, but then they cut the roots! You both would be at the mercy of a judge who would need to see things from both sides. Your neighbour has the right to use his or her garden as they see fit, just like you have the right to grow a tree or buy a property with trees etc.

A well laid patio should be fine, and your tree should be fine even with some of its surface roots cut back. Only time will tell, not really worth worrying over for now.
WILL*REMAIN*STRONG wrote:
neeraj wrote:Hello

My neighbour wants to cut my tree roots going into his property. he said that if tree fall or do some dameg to anything then i will be resposible. is that so? what can i do if he do so? he wants to laydown paving in his front garden. i bought this house two years ago and tree was always there. can anybody tell me what the law says to this.


Hi neeraj.

Yes he can cut through your trees roots, just like he can cut branches which overhang. You have bought a property with a tree, so you do have a duty of care, which means you should visually inspect your tree for any damage of disease. You don’t need to do much more than that as I understand it. So if damage occurs from tree roots, you are only potentially responsible after you have been put on notice. Any damage would become an insurance claim, and they may or may not be able to prove it is down to your tree.

If your tree dies or falls as a result of roots being cut, YOU could try to claim damages in court, or they could, but then they cut the roots! You both would be at the mercy of a judge who would need to see things from both sides. Your neighbour has the right to use his or her garden as they see fit, just like you have the right to grow a tree or buy a property with trees etc.

A well laid patio should be fine, and your tree should be fine even with some of its surface roots cut back. Only time will tell, not really worth worrying over for now.
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Re: tree roots going into neibours garden

Postby verno » Thu Jun 14, 2012 7:55 am

Front garden and paving, has he got council planning permission?
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Re: tree roots going into neibours garden

Postby ukmicky » Wed Jun 20, 2012 1:39 am

neeraj wrote:Hello

My neighbour wants to cut my tree roots going into his property. he said that if tree fall or do some dameg to anything then i will be resposible. is that so? what can i do if he do so? he wants to laydown paving in his front garden. i bought this house two years ago and tree was always there. can anybody tell me what the law says to this.

Its actually his problem ,he has a duty of care. He cant perform any actions that could cause the tree the fall and cause damage or injury.
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Re: tree roots going into neibours garden

Postby ukmicky » Wed Jun 20, 2012 1:50 am

A previous post of mine below
A negligent act of cutting a tree roots causing a trees instability which then directly leads to it falling will always remain a negligent act. If you cut a trees roots and it falls and causes harm to your neighbour you will be held responsible no matter who owns the tree.

The owner of the land that the roots are causing a nuisance on has duty of care to others when it comes to any action he performs in respect to work on the tree and must ensure due to that duty of care that any work he performs will not lead to damage or harm to others.


The tree owner may have a duty of care towards his neighbours in respect to the tree and if he were to find out that it was in a dangerous condition must still act but that will not remove any negligent act that caused it.

The trees owner would most probably have more protection from the law as he can to some extent rely on the fact that nature has provided it with a root structure that has allowed it to reach 70 ft and therefore should still remain safe even if it reaches 80 and he has a right to continue to rely on that as part of the reasoning towards his belief that the tree should still remain safe..

He has got to be able to rely on that because it would not be practical or in his power to gain access to the neighbours property, remove the earth around the tree in order to see what damage may or may have not been done due to the negligent actions of the land owner who legally should not be performing any work on the tree due to his duty of care that leaves it in a dangerous state.
http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=2&t=15054&start=20
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Re: tree roots going into neibours garden

Postby Whomping Willow » Mon Aug 06, 2012 12:43 pm

ukmicky wrote:
A negligent act of cutting a tree roots causing a trees instability which then directly leads to it falling will always remain a negligent act. If you cut a trees roots and it falls and causes harm to your neighbour you will be held responsible no matter who owns the tree. The owner of the land that the roots are causing a nuisance on has duty of care to others when it comes to any action he performs in respect to work on the tree and must ensure due to that duty of care that any work he performs will not lead to damage or harm to others.


Unfortunately trees aren't always predictable and actions taken today may not lead to tree failure immediately; thus if one were to cut the roots and tree fell over the same day it would be reasonably easy to link the cutting of the roots with the falling of the tree. However, what if the tree were to fall during a storm 6 months later? Was it the cutting of the roots or the storm that lead to the tree falling over? It is possible to cut roots without damaging a tree and risking its stability....

If a fungal decay developed as a result of the root disturbance the decay in the tree may not emerge for several to many years - the decay is a direct result of the root disturbance but it would be very difficult to proove.

So my advice to those cutting roots is to inform the tree owner in writing, describe what work you intend to do and WHEN (the precise day and time) and suggest that the tree owner might like to seek professional advice. The owner could ask someone to attend during the root cutting and see what has been done. If the tree owner declines, buries their head in the sand or otherwise doesn't act then the longer the time passes the greater the responsibility of the tree owner, and the less of the root cutter.
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