Neighbour's roots damaging our path

chalice

Our neighbours have a silver birch tree near the fence and the roots are lifting our paving slabs. They have only lived there for over a year so the tree was obviously there before them. I have looked for hours to find some info but I am still unclear about the situation. I think my main questions are these:

1. Who is responsible for paying for our path to be repaired?
2. Who is responsible for paying for the tree to be taken down?
3. If they refuse to take the tree down, should the roots be chopped and a root barrier put down from our side or theirs?

Thank you so much for any help.

keystone

Look at the gardenlaw forum. This question crops up time and time again and there are many threads over there giving you the answers.

In essence though:

1. They have an obligation to abate the nuisance but you need to put them on written notice.
2. Who says it needs to be taken down?
3. You have the right (as you do with overhanging branches) to cut back the offending roots and offer them back to your neighbour. However, if you destabilise the tree in doing so then it will become your responsibility to make good any consequent damage.

There is no substitute for talking. Invite them round for a cuppa and deal with it face to face and sensibly.

Cheers

Leif

keystone wrote: »

There is no substitute for talking. Invite them round for a cuppa and deal with it face to face and sensibly.

Very sensible advice. If they are reasonable people then they will see that there is a problem. You do not want to get involved in a dispute, I've been there (my late mother's neighbours tried to move a fence to take land, and they did move it contrary to an agreement reached via solicitors and while a sale was in progress, eeek) and being nice is the best option.

keystone wrote: »

3. You have the right (as you do with overhanging branches) to cut back the offending roots and offer them back to your neighbour. However, if you destabilise the tree in doing so then it will become your responsibility to make good any consequent damage.

That sounds like a no win situation. Let's hope the neighbours are nice.