Neighbours tree roots

Adamlaw

Hello all. My debut post and unfortunately a negative one. My neighbour's tree has damaged my drive. It has cracked and raised the asphalt about 4ft long and an inch high. He is fully aware that it is his tree but shows no sign of accepting responsibility. So I fear this is going to the courts.

My first question is, to what extent can the damage be repaired? Just sort the crack and have a patch or completely resurface after the root has been removed?

Secondly, if he fails to accept responsibility, do I have to pay for the repair and claim in court or get quotes to take to the court?

Thank you reading my problem.

SHAFT

Yes, it can be repaired but I think the cost will be down to you. I remember reading somewhere he will not be liable to any damage unless it's been pointed out to him and he fails to act.

Grenage

Going to court is likely to be fruitless for the above reasons.

societys_child

if he fails to accept responsibility, do I have to pay for the repair and claim in court or get quotes to take to the court?

:rotfl: You're having a laugh, surely. He has no control over tree roots . .

Mistral001

societys_child wrote: »

:rotfl: You're having a laugh, surely. He has no control over tree roots . .

Just to be pedantic, he has. The roots are only as big as the tree. If he prunes back the tree, the tree's root growth will be curtailed.

TELLIT01

I'd advise speaking to a solicitor before thinking about going the court route. Many offer an initial free consultation.

Adamlaw

As Mistral pointed out, he is responsible. There are restrictive covenants in my neighbourhood, one of which is the maintenance of trees and he has failed to prune them to an acceptable height and as a consequence the roots have damaged my drive. This was confirmed by the 'Trust' that manages our neighbourhood.

chrisw

Some guidance here. No doubt there are other sites if you google it.

https://www.inbrief.co.uk/neighbour-disputes/damage-caused-by-roots/

shortcrust

Adamlaw wrote: »

As Mistral pointed out, he is responsible. There are restrictive covenants in my neighbourhood, one of which is the maintenance of trees and he has failed to prune them to an acceptable height and as a consequence the roots have damaged my drive. This was confirmed by the 'Trust' that manages our neighbourhood.

That’s not what Mistral said.

Adamlaw

Shortcrust: I was referring to Mistral's statement about responsibility.
Thank you Chrisw. A very interesting website.

shortcrust

Adamlaw wrote: »

Shortcrust: I was referring to Mistral's statement about responsibility.
Thank you Chrisw. A very interesting website.

I know what you were referring to but Mistral didn’t say anything about responsibility. They mentioned control. They’re very different things.