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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10257
Experience:  I have been practising for 30 years.
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I have roots from a large tree which is growing in our

Customer Question

I have roots from a large tree which is growing in our neighbours garden. These roots have lifted a number of flagstone slabs in our garden. Question is. Can I claim compensation for the removal of these roots from our garden? This problem is quite extensive.
I would value your advice please.
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

Do you mean can you recover the cost of removing the roots? If you do remove the roots, will it destabilise the tree? Have the roots cause damage and if so, what is the extent of thedamage?

Customer: replied 1 year ago.
Would it be possible for me to talk to my neighbour, regarding the problem, let him see the activity of the roots in our yard, then having looked at the problem his tree is causing, perhaps offer payment for recovery work to be undertaken?. What do you advise.
Expert:  F E Smith replied 1 year ago.

If you can speak to your neighbour, that’s fantastic. Far better than sending solicitors letters or taking legal action.

At this stage in time, you are asking for the neighbours help rather than confronting so it would be as well to do it that way on an appealing basis rather than confrontational. I think that’s what you mean but I thought it was worth mentioning

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.