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Category: Property Law
Satisfied Customers: 33360
Experience:  Barrister at Self Employed Barrister
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My wall is being damaged by my neighbours tree

Customer Question

my wall is being damaged by my neighbours tree
Submitted: 2 years ago.
Category: Property Law
Expert:  ivorylounge replied 2 years ago.
OK. Where the roots of a tree causes damage to you wall then the owner of the tree can be liable, under the law of nuisance, for such damage. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will be encroaching on the neighbouring land. You should firstly write and suggest that he makes good the damage and remove the tree. You would potentially seek the followingthe cost of abating the nuisance, for example, the cost of pruning the roots of the tree.loss suffered as a resultthe cost of any remedial works such as underpinning;the cost of alternative accommodation where the owner or occupier is required to move out of the property while the works are being carried out;experts fees, such as those of an arborist and/ or surveyor.Please rate positively