Does anyone know the law in relation to neighbours tree roots ruining driveway?

traceye

The neighbours tree roots have badly lifted all my driveway slabs.
The house has been repossesed by the bank now.
I have only noticed this problem in the last few months as it was behind a gate that I rarely go into.

Does anyone know what the actual law is , or a portion of it that I can quote in my letter?

Would be grateful for any advice/help

Thanks

posh*spice

Try the website Gardenlaw.co.uk

PasturesNew

http://www.gardenlaw.co.uk/roots1.html

traceye

Yeah, Ive looked at this website (thanks), but it doesnt say a particular law that I can quote. I was hoping to quote as per the *** law (19**) etc !
does anyone know which one applies?

THanks again...:money:

Trollfever

<H4 class=heading4>Roots



If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it - see below. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice.


The neighbour may also wish to consult their insurers, if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.


Tree preservation orders



If you wish to prevent a tree being lopped by your neighbour, you could contact the local authority (divisional planning office in Northern Ireland) to see if they will place a tree preservation order on it. All trees in an area designated as a Conservation Area are automatically protected.

</H4>
http://www.adviceguide.org.uk/index/family_parent/housing/neighbour_disputes.htm

Debt_Free_Chick

traceye wrote: »

The neighbours tree roots have badly lifted all my driveway slabs.
The house has been repossesed by the bank now.
I have only noticed this problem in the last few months as it was behind a gate that I rarely go into.

Does anyone know what the actual law is , or a portion of it that I can quote in my letter?

It would be "common law". If a third party is directly responsible for damage to your property, then it's their responsibility.

Get in touch with the owner - presumably the bank or mortgage company. Talk to them and agree that you will each file a claim with your insurance company.

Or - the more aggressive approach - just get in touch with your insurance company.

Don't worry about "claiming on your insurance". If it's your neighbour's fault, then you can bet your bottom dollar that YOUR insurance company will be looking to claim from your NEIGHBOUR'S insurance company.

Call your (buildings) insurer.

tbs624

traceye wrote: »

The neighbours tree roots have badly lifted all my driveway slabs.
The house has been repossesed by the bank now.....
Does anyone know what the actual law is , or a portion of it that I can quote in my letter?

Encroachment by tree roots or branches can give rise to a legal action for Nuisance, especially where there is clear resultant damage.

Some legal cases that may be of interest to you:

Lemmon v Webb (1894) "The encroachment of the boughs and roots over and within the land of the adjoining owner is not a trespass or occupation of that land which by lapse of time could become a right. It is a nuisance. For any damage occasioned by this an action on the case would lie. Also, the person whose land is so affected may abate the nuisance if the owner of the tree after notice neglects to do so."

Davey v Harrow Corporation (1958), in which Lord Goddard stated that "once it is established that encroachment by roots is a nuisance, it must follow that if damage is thereby caused, an action on the case will lie".

In McCombe v Read (1955) it was held that an injunction could be used against a continuing nuisance to property caused by encroachment of roots: "If an action on the case will lie, then the remedy of injunction must be available if the nuisance be a continuing one ……The injunction will therefore be to restrain the defendants from allowing the roots from any tree on their property so to encroach on the plaintiff's land as to cause a nuisance."

The owner of the neighbouring property needs to remedy the damage caused and seek to prevent a recurrence.

Have you notified the bank that has repossessed the property that there is a problem, and given them a reasonable chance to deal with it? I'd write formally requesting that they send someone out within the next 14 days. If you get no response then you need to apply some pressue so write again saying that if they don't act, you'll have to engage someone yourself to investigate it & make good any damage and you'll pursue them for all costs involved. As DFC says make use of your buildings insurance legal cover if you need to.

traceye

Thanks everyone, this has been incredibly helpful (especially the such quick replies). Ill let you know what happens!

prudryden

tbs - well researched!! Question for you: If roots from adjoining property were already in place on your land before e.g. an extension was built, is there a liability of the owner of the tree. Would the extension builder have the obligation of mitigating any damages by going deeper with the foundations? Hypothetical question at the moment.

silvercar

If roots from adjoining property were already in place on your land before e.g. an extension was built,

The roots are trespassing and can be removed.

an extension was built, is there a liability of the owner of the tree.

No. The roots have not yet caused any damage.

Would the extension builder have the obligation of mitigating any damages by going deeper with the foundations?

Yes. You can't build an extension knowing its going to subside because there are roots in the way. Plus you want building regs sign off, which you won't get if the foundations don't look solid enough to support the structure.

prudryden

thks silver - great answer.