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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 4083
Experience:  Freelance Solicitor at Self Employed
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Our neighbours, Our neighbour’s tree roots are producing

Customer Question

Our neighbours
JA: Where are your neighbors? It matters because laws vary by location.
Customer: Our neighbour’s tree roots are producing onto our lawn and making it difficult to mow our lawn and is a trip hazard. We live in Scotland. Our neighbour won’t do anything about it. We understand we are entitled to it the roots but if it damages the tree (which an arborist has said is likely) that we are responsible. What should we do?
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: Talked to our neighbour
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing else
Submitted: 11 days ago.
Category: Law
Expert:  Vineet S replied 11 days ago.

Welcome to Just Answer, I am a solicitor and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Customer: replied 11 days ago.
Scotland
Expert:  Vineet S replied 11 days ago.

Hi there,

Sorry to hear about that.

Have you spoken directly with your neighbour about this issue?

Customer: replied 11 days ago.
as I said.
Customer: replied 11 days ago.
Roughly how long will an answer take please?
Expert:  Vineet S replied 11 days ago.

Well you have right to cut the part of your neighbour's tree  that intrudes into your boundary., here the issue is if you cut the roots that will eventually kill the tree itself.

So, you need to warn your neighbour that if you have to take such action then you would not be responsible for their loss .

Customer: replied 11 days ago.
Can he sue me?
Expert:  Vineet S replied 11 days ago.

Yes, he can technically.

However here due to his/her inaction, your property is getting damaged.

Expert:  Vineet S replied 11 days ago.

And he would be liable for a cross claim from you , for damage to your property.

Expert:  Vineet S replied 11 days ago.

Your neighbour can be liable for  causing criminal damage to your property

Expert:  Vineet S replied 11 days ago.

by not taking preventive action.

Expert:  Vineet S replied 11 days ago.

and containing his tree both over and under the ground.

Expert:  Vineet S replied 11 days ago.

If you need further assistance, please let me know.

Customer: replied 11 days ago.
Thank you
Expert:  Vineet S replied 11 days ago.

Thank you for using Just Answers. Best wishes.