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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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Our neighbour's tree roots are causing damage to out garden

Customer Question

Our neighbour's tree roots are causing damage to out garden by lifting the concrete gravel boards and pushing up our pathway. We want to put artificial grass down but cannot do so until the roots are removed. As it is a tall tree and very close to the fence line, are we within our rights to ask to have the tree removed, in case it becomes unstable, or the roots come back and cause further damage, once the new grass is down? It also blocks out light.
Submitted: 9 months ago.
Category: UK Law
Expert:  Thomas Judge replied 9 months ago.

Let me see if I can help and please rate positive.

Firstly if the tree is your neighbours and it is causing damage then you are perfectly in your rights either to remove yourself or ask your neighbour to remove. It is technically a trespass. Equally any of their tree which comes over into your garden is also a trespass and you are entitled in law to lop off any such branches. If there is damage caused you would also have a claim in compensation against him. I am happy to answer any questions but please rate positive. thanks

Expert:  Thomas Judge replied 9 months ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 9 months ago.
Thanks. So if he does not remove it, what would I need to do then?
Expert:  Thomas Judge replied 9 months ago.

I would write to him threatening legal action. You can apply to the court for damages for the trespass - that said normally a solicitors letter which would cost about £100 would normally do the trick. Please rate positive

Expert:  Thomas Judge replied 9 months ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you