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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a problem with my neighbour's tree roots. It

Resolved Question:

Hello. I have a problem with my neighbour's tree roots. It has uprooted my fence and slabs. I wrote to my solicitor and he refused to do anything. What are my options. If I sue him, am I likely to succeed?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the tree is very close to the structures that have been damaged or if there are other reasons why the neighbour ought to have reasonably known that the tree might cause damage to your property please?
Have you previously notified the neighbour of the damage? If so roughly when and was this in writing?
Customer: replied 2 years ago.

The tree is about 2-3 feet from my fence. He was notified by letter in March 2015.

Expert:  Joshua replied 2 years ago.
Thank you. The starting point for any claim against your neighbour is to establish the damage was caused by the tree in question. If this is accepted by your neighbour this is straightforwrard but if not, unless it is painfully obvious that the roots emanate from the neighbours tree, it may be necessary to obtain an experts report to confirm the position. This can be done in consultation with the court if you were to issue proceedings and there is scope to recover costs for an experts report obtained with the permission of the court.Having established the above you then need to demonstrate that either the neighbour knew of the damage being caused and failed to do anything about it or he ought to have known that damage was likely to be caused by a tree so close to structures on your property. If you cannot show that he knew about potential damage before it occured or failing which that damage to your structures was only a vague possibility a claim will likely struggle. However if the tree is very close to your boundary risk of damage to your land will normally be deemed foreseeable as the neighbour will normally be deemed in such circumstances to have ought to have reasonably known, that reasonable remedial expenditure may be recovered by you as the neighbouring owner.In terms of what you may claim if you can demonstrate the above, you can look to claimthe cost of bringing an end to the nuisance, such as the cost of pruning back the roots of the tree if the neighbour fails to to take steps within a reasonable time todo so.the loss suffered as a result of a reduction in value of your property - this may be releant particularly in relation to subsidence claims which is unlikely to apply here from what you say.the cost of remedial works that may be required;experts fees, such as those of an arborist or surveyor.If you are unable to agree following a letter of claim from you to your neighbour, you may need to consider issuing a claim in the County Court in order toclaim damages for the above heads of claim. The simplest way to do so if you find as necessary is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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