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

tbs624

Pru - I think anyone planning to build an extension should advise the owner of the adjacent property, where it is apparent that their tree roots are encroaching, requesting that appropriate root retention measures are put in place.

IMO it would not be enough for them to simply say "tough you knew the roots were there" in the event of any future damage to the proposed building, because otherwise you'd surely be establishing a principle that you can be prevented from building on your own land because of the failure of your neighbour to deal with his tree roots. And ..er...tree roots do carry on growing over time, so if you'd been made aware of your potential liability and failed to act... are you the tree root or the extension Pru?

I'd always seek early professional legal advice for clarification on these types of issues, again making using of insurers' legal teams where possible..

wendx

next door's tree is leaning south towards the sun ie over our fence. it is forcing the fence to lean into our garden and the roots are lifting the concrete base of our shed. do outbuildings count when being damaged like this? the tree (a self seeded cherry) is about 30 metres away from the main house.