advice please re tree roots

typhoon

Hi there
I have recently moved into a new house which backs onto a farm. There are two trees in a field belonging to the farmer, the nearest point of which is about 3 metres from our house. There are paving slabs in the garden which have been lifted in parts presumably due to the roots of the trees.

My intention is to approach the farmer and tell him that the trees are causing a nuisance to my property. I have heard however that he is not the nicest person to deal with therefore I want to arm myself with evidence of the problem so that he cannot just fob me off.

My question is therefore, does anyone know how I could obtain written evidence that the trees are causing/are likely to cause structural damage to my house? Would I contact a surveyor, and if so does anyone know of someone who would do me a report for a reasonable fee?

many thanks in advance

bingo_bango

Before spending money on reports, I'd figure out the legalities before trying to apportion liability to the farmer.

Some advice HERE, although this seems to be English law, and I'm unsure of the name of the NI equivalent.

THIS PAGE has more advice specific to NI. Scroll down to Trees, then Roots. Seems for a claim to succeed, you'll have to prove that the farmer knew, or ought to have known that the roots could cause a problem. I can imagine that would present a problem if the trees were there before planning permission was granted for your property.

Milo_Minderbinder

bingo_bango wrote: »

you'll have to prove that the farmer knew, or ought to have known that the roots could cause a problem. I can imagine that would present a problem if the trees were there before planning permission was granted for your property.

I was thinking along the same lines. You mentioned that the house was new, is it a new build or just new to you, also are the trees part of the boundry between you and the farmer?

typhoon

thanks for your replies.
No the house is not a new build, it's 20 years old. The man who lived here before said that he remembers the trees being planted, not sure if he means while he was living here, or living elsewhere.
Yes the trees do form part of the boundary between us and the farmer.
I was thinking I might approach the council first and see if they have any advice.
Thanks for your help! :beer:

IvanOpinion

No idea about the legalities but I remember when FIL had a similar problem with a patio being lifted. He just lifted the patio, dug down about 18 inches and cut any roots he encountered. He then relayed the patio on top again. 14 years later it has still not lifted

ivan

Witless

Ivan's advice is the simplest, cheapest, & IMHO, the best.

You can do whatever you want (within reason) on or to your own property.

Dig a trench about 1.5 m deep about 1 m in from the boundary.

Cut all roots.

Relay the slabs.

Problem solved.

ballyblack

also drench any remaining roots in used engine oil, trees no like!

BigAl94

ballyblack wrote: »

also drench any remaining roots in used engine oil, trees no like!

Would that work on a neighbours leylandii ?

NAR

BigAl94 wrote: »

Would that work on a neighbours leylandii ?

Yes, and very advisable because the roots travel like crazy seeking water, as leylandii grows 18" to 24" a year.

IvanOpinion

be careful with engine oil because while you can trim roots back if you deliberately do something that could kill the trees you could be held responsible (although quite what anybody could do I am unsure)

ivan

jarrod1

a copper or brass pin/nail hammered into the trunk of any plant or tree will do the trick, will be dead within 4 months.