Do you have a problem with nuisance trees or roots at your property?

If a neighbour’s tree or its roots are causing issues with your garden or property, it can sometimes be difficult to resolve. Some of the potential problems can include:

  • Encroachment of branches or roots into your garden, boundary walls/fences or the structure of your house
  • A tree blocking light into your garden or house
  • Roots causing subsidence in your property
  • Encroaching roots negatively affecting the soil in your garden

Sometimes, a simple conversation to inform your neighbour about the issue is all that is required for them to remedy the problem. However, if resolution is not this straightforward, the problem continues or escalates and this leads to a dispute with your neighbour, there are some circumstances in which you may be able to claim compensation for the damage done by their negligence.

Under law, your neighbour has to do what is reasonable, in the specific set of circumstances, to prevent or minimise the risk of their tree or roots interfering with, or damaging your property, if they are aware of the issue.

Resolving nuisance tree complaints

Mediation is often a successful way to resolve disputes between neighbours over nuisance trees or roots. However, if no agreement can be made about the way forward, it might be possible to take legal action against your neighbour for the nuisance trees or roots to ensure that the problem is resolved.

If the legal action is successful, a court can issue the neighbour with an injunction to take remedial action, such as cutting back branches and treating or removing trees and roots. If damage has been caused to your property, the court can also order damages to be paid to you so that the property can be repaired to the condition it would be in, had the tree not caused the damage to your home or garden.

If you have an issue with nuisance trees or roots and want some advice on your options, contact CEL Solicitors for a free initial consultation to discuss your situation.