I’ll try to keep this short!
Just under two years ago our neighbours built an extension to the side of our property but on their land. Both our houses are grade II listed and they extended a barn-type structure. As part of these works they cut through or damaged the roots of an enormous walnut tree that is in their garden. Fast forward a year and our kitchen floor (which is original brick and around 300 years old) started cracking and lifting.
We lifted our patio and traced the (large) roots back to their walnut tree. Clearly the damage to the roots has caused the tree to go into stress and send out roots in a way it hadn’t before.
We met with them, showed them the floor and they didn’t seem too bothered but said they would investigate. They have since dragged their heels over this for months and months, despite a number of meetings as the floor has grown increasingly worse.
Eventually we took matters into our own hands and investigated the possibility of applying to have the tree felled. We did not do this lightly as we live in a conservation area and the tree had a TPO. We had to send a lot of evidence, pictures etc, a report from an aboriculturalist… the council deemed the damage to our grade II listed property so severe that they granted the felling of the tree.
We met the neighbours again and told them that this was an option and that we were so concerned about the damage to our house that we would prefer to have the tree felled. They went mad, absolutely refused and said they would put root protection in. Then after another month came back and said they would reluctantly have the tree felled as proper root protection would cost too much money.
Since then, they have changed their minds again and said they won’t fell the tree (citing possible risk of heave - which we aren’t concerned about as both gardens have plenty of other trees to soak up the water from clay soil) and will cut the offending roots from our side and prune the massive tree to stop the roots from growing so much. We are hugely concerned by this and the likelihood that the tree (which clearly hates its roots being messed with) will then send out more roots in all directions further affecting our 400 year old house.
The latest is they want access to our garden tomorrow to lift the patio again and test the roots to make sure it is the walnut 🫠. The roots lead directly from under our kitchen back to the walnut and a specialist has already told us the roots are walnut- smell of almond etc etc. I don’t trust them at all and worry that they will deliberately take a sample from a smaller tree further away to try to get out of doing anything about it.
We are at a total stalemate. They have said they can’t afford to have our floor re-laid (it would have to be a heritage floor specialist as the floor is original brick and lime mortar). They also won’t pay to replace our damaged patio. Surely they are liable as it is their tree?
Our young children are now tripping over in the kitchen and it’s a hazard for our elderly relatives when they visit. Goodness knows where else these roots are going. I’m so disappointed as we didn’t object too strongly to their extension even though it affected light and view through an ancient window as we wanted to be good neighbours and accommodating. 😔
What can we do next? Our house insurers have said it’s nothing to do with them. It’s honestly so stressful, is causing arguments between my husband and I as I don’t want to fall out with our neighbours and he’s talking about solicitors now, how the saleability of our house will be affected, how he wants to move as it’s so stressful. This is our dream home 😔
Please help! Any advice would be so amazing.