Ask a Scots Law Question, Get an Answer ASAP!
Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
Your neighbour has a legal duty not to cause further damage to your property now that the cause of the problem has been uncovered. If he refuses to cooperate you can get your solicitor to raise an action of implement in the court and seek the expenses of doing so. It doesn’t matter when the trees were planted. As they are on his land he is responsible for them and he has a duty of care to others such as you as a neighbour.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.