Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film.
It is definitely doing damage to my front wall and garage. What is the best way to deal with this?
I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he can do.
Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour.
In the first instance, you should contact your council to check whether the tree in question is indeed subject to a Tree Preservation Order, or TPO.
If it is, then you or your neighbour may need to make a formal application to carry out the necessary works.
It is a criminal offence to carry out works to a tree protected by a TPO and ignorance is no defence.
However, formal consent may not be required because you could rely on one exception to the requirement for consent: that the root trimming is to prevent or abate a nuisance.
I would advise speaking with a specialist tree surgeon prior to carrying out any works.
An arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.