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Tree roots from next door lifting our kitchen floor - no idea on legalities please help!

121 replies

mamaonearth · 11/09/2025 09:52

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.

OP posts:
mamaonearth · 11/09/2025 10:46

@EuclidianGeometryFan good point about premiums. We are also worried that if they refuse to fell in the end and do fairly basic root protection that it will affect our house if we want to sell in the future.
With the legal action can they force the neighbours to fell the tree and pay to re-lay our floor? I have no idea what our rights are.

OP posts:
JustLookingThanks · 11/09/2025 10:47

mamaonearth · 11/09/2025 10:44

@MissMoneyFairyhe didn’t declare it to the new insurers I think as it was only a very slight lift of a brick then and obviously since it has got so much worse… dry summer making the tree search for water maybe? But he was honest with the insurer when he said when it had all first started.
I’ll get him to check subsidence small print. The house is so old there are no proper foundations either.

Contact the old insurers? But I agree with previous suggestions of contacting a solicitor, they will be able to quickly navigate who is responsible for what and if your insurance covers you for anything.

EuclidianGeometryFan · 11/09/2025 10:48

mamaonearth · 11/09/2025 10:46

@EuclidianGeometryFan good point about premiums. We are also worried that if they refuse to fell in the end and do fairly basic root protection that it will affect our house if we want to sell in the future.
With the legal action can they force the neighbours to fell the tree and pay to re-lay our floor? I have no idea what our rights are.

With the legal action can they force the neighbours to fell the tree and pay to re-lay our floor? I have no idea what our rights are.

That is what you need a solicitor for.

butterfly0404 · 11/09/2025 10:49

This is exactly a scenario where your Legal Expenses policy on your buildings insurance comes into play. It is 100% an insurance matter.

MissMoneyFairy · 11/09/2025 10:49

You cannot allow them access especially as neither of you are there, you could agree but only when you're both there and you record it and your surveyor is present. Don't be bullied, either way you're affected by this, either by a neighbour dispute or difficulty selling your house.

mamaonearth · 11/09/2025 10:50

@Wot23 I’m not sure about a time frame but I’m sure we could reapply if it ran out the council gave the go-ahead very quickly after we sent all the evidence.

OP posts:
tinofthetop · 11/09/2025 10:50

You are not being difficult by rejecting one visit when you will both be at work! Stop worrying about things that haven't happened. Message them back saying that reports have been submitted to the council which included expert testimony and that should be good enough for them.

Stop being so nice they are destroying your home with their neglect.

Contact a solicitor, get their legal advice on this.

mamaonearth · 11/09/2025 10:51

@butterfly0404but I don’t think the insurers will have anything to do with it 😢

OP posts:
muddyford · 11/09/2025 10:52

Your house insurance may cover legal bills for sorting out this. We had a lot of trouble with a huge tree next door to us, affecting two other houses, but after we pointed out that together we had something like £300k towards legal fees, they cut the tree down.

mamaonearth · 11/09/2025 10:52

@EuclidianGeometryFan what kind of solicitor do we need for this? I’m so clueless

OP posts:
butterfly0404 · 11/09/2025 10:52

mamaonearth · 11/09/2025 10:51

@butterfly0404but I don’t think the insurers will have anything to do with it 😢

Have you got Legal Expenses cover ? Call them if you have and your previous insurer

Keroppi · 11/09/2025 10:54

mamaonearth · 11/09/2025 10:42

@MissMoneyFairy they messaged my husband asking for access tomorrow when we are both at work 😖 and I’m worried if we say no they will argue that we are being difficult by not giving access and delaying things- even though they have delayed and delayed. Part of their argument is that the local squirrels enjoy the tree 😩

'Hi Neighbour, thanks for your message. Tomorrow won't work for us, how about X or Y date at Z time? Speak soon'

You need to stop being such a pushover and scared of what they think when they've been fannying around for months.. Just get solicitor involved for advice and a letter from arborist/root person you used and share it with the neighbour and solicitor

Clerly they're not as concerned with being a good neighbour as you are so...

mamaonearth · 11/09/2025 10:54

@muddyford this would be perfect. We really need to get the insurers to kick into action. I might try the ombudsman route.

OP posts:
mamaonearth · 11/09/2025 10:55

@tinofthetop I have a habit of this worrying. You are right. I just don’t want to feel awkward every time I come home with the children and bump into them 🙁

OP posts:
poetryandwine · 11/09/2025 10:56

I agree with @tinofthetop you are worrying too much. At least one of you and preferably both of you need to be there for the sample visit. Given the history, you need your own samples and the neighbours should be aware of this. Just call it best practice; it may stop them doing anything suss.

But before it comes to this, her idea for a reply is very good.

mamaonearth · 11/09/2025 10:57

Thanks @Keroppi yeah, they are not being good neighbours at all. Denying the obvious fact that it is the walnut is literally going back to where we were a year ago.

OP posts:
tinofthetop · 11/09/2025 10:58

They have made this awkward though, not you. You have done nothing wrong and you have been incredibly patient over it. Hold your head high. I imagine every time you look at the floor you are upset about it, I would be and I don't even live in a beautiful grade II listed house.

endofthelinefinally · 11/09/2025 10:58

This happened to us several years ago. Our insurance company came out and inspected our property, monitored the damage, inspected the drains, did all the repairs and claimed costs from the neighbour's insurers. It took a long time, but only because the neighbour was uncooperative.
The only issue going forward was that we had to declare the subsidence and it increased our premiums for a couple of years. Then we were able to get that reversed because it was agreed that the problem was caused by the neighbour's tree.
It seems the issue is not declaring the problem to your current insurers when you took out the policy.
I would seek legal advice and check whether they have planning permission and building regs completed.
You really do need to have a witness there when the floor is lifted and the root samples are taken. Even better, take your own. Film everything.

mamaonearth · 11/09/2025 10:58

‘Best practice’ is a good phrase @poetryandwine

OP posts:
endofthelinefinally · 11/09/2025 11:00

Was there a party wall agreement?

mamaonearth · 11/09/2025 11:01

@endofthelinefinally yes my husband is really kicking himself over it. I just think both insurance companies are going to wash their hands of it 🙁

OP posts:
mamaonearth · 11/09/2025 11:03

I don’t know what a party wall agreement is… you mean when they extended?

OP posts:
endofthelinefinally · 11/09/2025 11:05

As they are both listed buildings, have you contacted your local council building regs department? Your neighbours would have had to get permission to do any building work. There will be records. If they didn't do everything by the book there will be more to remove than a tree.

Mumofoneandone · 11/09/2025 11:06

I would think it would be on your neighbours insurance not yours.
I wouldn't allow them to access your house whilst you are at work. This is practical, not being difficult.
Personally I think you need to get quotes for felling the tree and having your house repaired and let your neighbours know the costs. Let them know that if they don't action the repairs, you will and seek the legal route to recover your costs.

endofthelinefinally · 11/09/2025 11:08

mamaonearth · 11/09/2025 11:03

I don’t know what a party wall agreement is… you mean when they extended?

If you want to carry out any building work within a certain distance of a neighbouring building, you must get a party wall agreement and the affected neighbour has the right to choose a surveyor to survey the land, look at the plans etc. the person building pays for the survey and all parties sign the agreement.

www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

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