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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32958
Experience:  Award winning lawyer with over 15 years experience
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I have a silver tree planted in my next door neighbours

Customer Question

I have a silver birch tree planted in my next door neighbours garden approximately 2 meters from the perimetor of my property which has caused root damage to the block paving on my driveway.
The tree was planted in 1993 which resulted in damage to my paved driveway in 2000 which the council {the owners } paid for the repair.
At the time i pointed out to the council that the repair to the dive was only treating the symtoms and was not the cure and that the tree needed to be cut down otherwise we would have the same problem 5yrs down the line.
Approx 2003 ihad my drive blocked paved becaus i needed more parking space and we had had damage caused to cars parked outside my property which is a very narrow Avenue.
The offending tree was cutdown in june 2014 by One Vision Housing which took over the running of the council properties in 2006 but they have rejected any liability
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

From what you have written they are liable. Where the roots of a tree causes damage to you wall then the owner of the tree can be liable (in this case the HA), under the law of nuisance, for such damage. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will be encroaching on the neighbouring land.

Please rate positively

Expert:  Thomas Judge replied 1 year ago.
I am happy to discuss
Please remember to rate positively.

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