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Welcome to JA.
Please can you confirm who owns the tree and why did the neighbour cut the tree roots
Thanks for the circumstances, I will review and will return to you.
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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.
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
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.
Hmm interesting question.
Yes it can be construed as duty of care
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.
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