neighbour's tree damage to our drains! please help!

[NAQ79]

Hi,my first post so apologies for any errors in advance.
A few months back our toilets/showers/drains became blocked and we called a national company to unblock - as this had happened a few years back, hubby discussed it with the specialist and he put a camera down the drain. Roots from a (connifer?) tree on the area between ours and neighbours drive are growing into the drains leading to/around the manhole (which is under our concrete drive). I sent the photograph footage to neighbour and she agreed her husband would get a few people together and remove the tree as the best option. I have sent a few reminders but nothing has happened since. Water is slowing down again and I am worried about how it will cause even more damage. We have already paid £180 to get the drains unblocked just few months back.

What shall we do?

I have B & C insurance with no accidental damage due for renewal in Sept. Subsidence has £1000 policy excess. I can't see anything obvious re: tree damage but the tree is third party and within a metre of our property. We have a positive relationship with our neighbour and don't want to ruin this. Any ideas how to follow up?

I would first speak to them again, and if they're not willing to do anything I'd mention that in civil law it's classed as nuisance and is something you could go to court over to get back fees. It's not only risking your home, but it's property value.

Read this so you know your rights www.inbrief.co.uk/neighbour-disputes/damage-caused-by-roots/

You wouldn't be ruining it OP, they would. They're willingly letting damage happen to your property. They don't care.

Hi,
Thank you for your response - it was very useful to get the legal stance on this. I hope they follow this up asap as I've spent best part of today looking into it!

Has anyone ever gone through insurance? Costs for removing are likely to be around £1000 so might not be worth going through insurance and affecting future premiums.

If I were you I'd get it surveyed, get a quote and speak to neighbours about it. Get as much evidence as you can about the damage and the cause of the damage, photos too. If they don't want to pay, pay it then take them to small claims court.

It's not something you can really sort out on your own because of all the structural stuff involved, I feel awful for you it must be stressful!

Just call your water company, it's not you're problem and you needn't spend you're own money spring it. If there's a problem with next door's tree, they will tell them to remove it and make good the damage and take legal action as necessary.

Really? If it's on your land I doubt the water company will be responsible.

I would have a look at your home insurance as well, because ours said we had to give them details on any trees closer than 5m to our property.

Good point there, I was in a rush and didn't realise the drains themselves were not under the neighbour's trees. In that case only call the water co if someone else's waste flows through the mentioned drains.

I have free family legal help with my insurance and having just spoken to them, they have advised to have a face to face conversation with my neighbour before starting legal proceedings. I will be speaking to them over the weekend and see what their response is.

Thank you to all for responding.