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Tree roots undermining my driveway

Evening,

I am considering a posh block paved driveway as the current drive is old, dated and unsafe due to lifting slabs.

Having raised a few slabs it appears that next door's tree roots are lifting several of the slabs. There is a 3ft high wall between our properties with several leylandi type trees planted 1 ft from the wall on her side.

I do not have a good relationship with my neighbour following several problems that have now been solved. Other neighbours have also experienced problems. I am not confident that she will agree that her tree's roots are causing damage to my driveway and would like some advice on how to proceed.

Comments

  • What outcome would you like? Do you want the trees removed, or do you want ideas for how to resurface the driveway in such a way that the roots are less likely to damage it? (Personally, I'd go for the latter every time, since the former is going to cause you an awful lot of strife!)
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd be more worried about them getting under your house to be honest.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    Chop through the roots if they're under your drive. If the trees fall over consider it a bonus.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • go_cat
    go_cat Posts: 2,509 Forumite
    I've been Money Tipped!
    Yep plead ignorance, chop roots away. If asked say you didn't realise they were from their dead tree :)
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Your local borough or city (but not county) council should have an arboricultural officer or department that may be able to give you some tips on how to proceed. Unless, as others have said, you go ahead, chop and plead ignorance.

    I hate Leylandii anyway!
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    HP77 wrote: »
    Evening,

    I am considering a posh block paved driveway as the current drive is old, dated and unsafe due to lifting slabs.

    Having raised a few slabs it appears that next door's tree roots are lifting several of the slabs. There is a 3ft high wall between our properties with several leylandi type trees planted 1 ft from the wall on her side.

    I do not have a good relationship with my neighbour following several problems that have now been solved. Other neighbours have also experienced problems. I am not confident that she will agree that her tree's roots are causing damage to my driveway and would like some advice on how to proceed.

    Why not speak to your neighbour and explain what you are contemplating and what you have found. As has been said they may also be encroaching on your house and indeed hers. Obviously if she reacts negatively you can take other action, but at least you can say you have tried and it will not affect what you do.

    ON the ther hand she might say she is planning to remove them an have a similar paving job herself in which case you may be able to cooperate.

    On the assumption you get no cooperation, I would excavate and get the roots on your property cut off, but before you do take phographs of the extent to which they are trespassing on your land. If you think the damage to the roots may kill the tree its better to get advice on alternative courses of action just in case there is any dispute about what you have done.

    Is it your wall or hers. If its yours you could remove the wall and build one with deeper foundations that might protect the new stones.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 26 August 2012 at 8:32PM
    Your local borough or city (but not county) council should have an arboricultural officer or department that may be able to give you some tips on how to proceed. Unless, as others have said, you go ahead, chop and plead ignorance.

    I hate Leylandii anyway!

    As I understand the law you are entitled to cut out the roots on your side of the boundary so there is no need to plead ignorance.:)

    BUt you must not use chemicals with the intention to damage the tree, you could be sued by the neighbour for this.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • MagicCats
    MagicCats Posts: 282 Forumite
    I'm having a similar issue, but it's my tree that's caused the problem. We only discovered this after buying this June..... What I've found is this:

    Your neighbour is responsible for the damage and must 'make safe' the tree. However you must formally serve notice for this action to start. Your insurance may assist in a claim for your drive; they would repair your drive etc then pursue neighbour.

    Do you have legal cover on any insurance policies? If so you'll find you might have access to a legal helpline who can assist you in the first instance. Bottom line is that your neighbour is liable. Getting them to act is the tricky part.......
    2012 Wins: 1 x Case of Lanson Champagne :beer:
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