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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10176
Experience:  Barrister 17 years experience
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There is a tree planted within 9ft of my rear window in my

Customer Question

There is a tree planted within 9ft of my rear window in my neighbours garden which is now over 12ft tall and roots are now disturbing my patio what are my options
Submitted: 8 months ago.
Category: Property Law
Expert:  Buachaill replied 8 months ago.
1. Your best option in this situation is to dig a trench along the boundary line between the two properties and cut back the roots of the tree to the midpoint line of the boundary. In this way, you stop the roots disturbing your patio and prevent it encroaching any further. Be aware that you don't need your neighbour's consent to do this. In law, your neighbour is responsible for any damage caused by the roots of a tree growing on his land. These roots are not allowed to encroach on any part of your line. So if the roots cross the boundary line, you can cut them back. Where it damages your patio, you can sue your neighbour for any damage caused. However, as prevention is better than cure, you should cut back the roots of the tree to prevent any damage happening, to the midpoint line of the boundary.
Expert:  Buachaill replied 8 months ago.
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