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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello, Simple way to explain is.. that there is a tree inside

Customer Question

Simple way to explain is.. that there is a tree inside our garden, and this tree has been here for 25 years. Now 10 years ago the neighbor in question built a patio right at the bottom of their garden.
There has been no issues since but now... ive been informed that a few of their slabs have raised up due to the roots from the tree.
Now im happy for them to cut the branches over their side of the fence, and also happy for them to cut the roots up on their side. But am i financially required to pay for that work or not?
Also they say they want the tree removing which im not willing to abide by, and they say its damaged their patio... now does that mean im also liable for paying for repairing the patio? its just raised 3 slabs and its 50 ft from house, just right down at bottom of garden.
Many thanks
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Stuart J replied 3 years ago.

sorry to have to tell you that if this is your tree, you are responsible for
trespass and nuisance and damage caused by the roots which can include the cost
of removing them and relaying any displaced flags on the patio

are allowed to remove overhanging branches and roots without consent but the
roots belong to you as to the branches and they must return them to you.

can compel you to pay for the cost of any work required although often, the
cost of arguing that is actually more than the cost of the work so generally,
people do not pursue those costs.

afraid, that being responsible for the damage and the work is the price you pay
or having the tree.

sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading you.

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