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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 296
Experience:  Solicitor at BLM
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Trees roots cut by neighbour and trees are died.

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trees roots cut by neighbour and trees are died.

Hello

Welcome to JA.

Please can you confirm who owns the tree and why did the neighbour cut the tree roots

Customer: replied 8 days ago.
Hi, I have an evergreen tree fence with a few of conifers and one very big one on the side. The neighbour does not like them and asked us to cut them short all the time. They were recently re-do the paving of the whole front garden and cut all the roots in their garden, all the trees died 1 month after they did so.

Hello

Thanks for the circumstances, I will review and will return to you.

Please note this is not a chat service therefore you may experience delays.

Customer: replied 8 days ago.
Please have a look of the image, all the trees in the red area are dead.

Thanks for the information.

The general rule is under the common law a neighbour can cut parts of the tree which encroached into their garden. Further they can cut up to the point the tree parts is no longer is in their personal space.

HOWEVER

If they carry such action it must be done with reasonable care and skill which ensures that their action does not lead to the death of the tree

Alternatively they can ask you to come and cut the tree

Given you stated that their action caused the death of the tree it appear you have a potential claim for damage to your property.

Do you understand what I have stated so far, if yes I will proceed to the next part

Customer: replied 8 days ago.
I see, in that case, what can I claim against them? I know to remove the old trees and make the garden good will be included, how about the new trees? We don't want small trees as they take 5 years to grow and we lose the privacy of the higher ones. If we plant mature trees it could be very expensive, big hedge will be £200 each, and the giant tree will cost at least £2k to replace like for like sized one.

That's a very good question regarding your potential claim. Given this a complex area of law which requires local knowledge of the area and potential tree experts to review and assess the extent of the damage I suggest you contact your local solicitors.

Your local solicitors will likely have a database of the right tree experts to assess your damaged tree and also properly assess your past and potential future losses.

I hope I have answered your query.

Customer: replied 8 days ago.
The reasonable care in common law, is it called "duty of care"?

Hmm interesting question.

Yes it can be construed as duty of care

Customer: replied 8 days ago.
Final question, what if I decided to remove the trees only, and not plant new ones, can we claim the replacement value of the existing trees?

Potentially however before you carry out any further action you ought to speak to your solicitors about your property damage because I dont want you to lose out on any money you deserve.

I hope I have answered your query and if so please rate the assistance provided by using the stars button at the top of your screen.

 

Anthony Chendo and 2 other Property Law Specialists are ready to help you