Tree roots

[Claymoreiron]

My NND has 3 huge trees in her garden. They grow unabated. The roots have now lifted many of the stone flags on our patio and are approaching a garden building, there’s not a chance she will do anything about it.

Does she have legal duty to maintain her trees if they are damaging my property?

I am thinking of bringing a tree surgeon in to do something with the roots but then there’s a chance it will make the tree unstable.

No point in asking her to do nothing nicely. Awful neighbour.

Any advice please?

Can you post a pic?

Of what? The flags are lifting and her giant tree is on the boundary.

I can’t really post a pic as I know she on MN and might see it!

the roots lifting your stones

Ok I will post one in a bit once it gets lighter here.

What sort of trees, OP? If you were to cut the roots back to the boundary (your legal right) and the tree became unstable, could the trees land on a house?

I would do this without hesitation if the roots were damaging my home. But for flagstones, it seems a shame.... (I love trees).

If you do cut the roots back to boundary, you're going to need to serve her with a written notice, at the very least to attempt to shift some liability back if they do eventually fall and cause damage.

yes near houses. I hate cutting down trees and that’s not my aim. Best case scenario is that the tree is managed but that won’t happen. There are about 3 trees but the biggest is a cherry tree. It towers over the houses in a small back garden.

I think I will have to get a tree surgeon round to look at it and go from there.

Cherry trees don't normally get all that big. Maybe 3 or 4 meters? Do if its that high now it probably won't get any bigger. How fat is the trunk again if its quite think then it is unlikely to grow bigger. And if it has reached its final height then I assume that the root damage won't get any worse?

Do you have a pic of the damage to your stones op?

her giant tree is on the boundary.

a cherry tree? Giant?

and you never posted any pics

I suspect you have exaggerated hugely!

Can you let your insurance company deal with it?

From the RHS website:

Roots
Can I cut off roots growing into my property?
Yes. You have the same rights (and liabilities) as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area.
What if the tree falls over after I cut the roots?
As well as rights, you have the same liabilities as for cutting off branches. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. Thus it is important to exercise reasonable care before cutting any tree roots and seek professional advice for anything but the most minor work.

So be very careful - if cutting the roots results in the tree dying/becoming unstable and it falls and causes damage, you will be liable.

Have you spoken to the NDN? Would they be willing for you to pay for surgery to the tree, or go halves? I agree with PPs though - cherry trees don't get huge.

Sorry no photo yet. I’m away at the moment.

maybe not a cherry tree then. It’s taller than the house though. Considerably.

I’m not sure my insurance would cover it? I can ask I guess.

I think I’m going to get a tree surgeon round to give some advice and take it from there. No use speaking to NND about it. Their house is massively neglected.

@Geneticsbunny @Mushroomyum native cherry trees reach 20-30m high. Many varieties of ornamental reach 12-15m high. Why so skeptical?

if it is a cherry @Claymoreiron they are shallow rooted and well known for pushing up paving. Get a tree surgeon in as you are thinking of doing, they are best placed to advise you of the options.

There’s a website which is very much like mums net threads, I think it’s garden law, give them a try

I imagine a photo won’t ever be forthcoming because it will show the OP’s exaggerated

Was being hopelessly optimistic on your behalf I think and maybe hoping that it had finished growing and the situation wouldn't get any worse. Also it would be more likely that someone would plant a smaller ornimental cherry that a native one in a garden right?

Tree surgeons are pricey. We had a tall eucalyptus down and it cost £1500. A structural engineer would probably write a report for about £500 advising if roots are likely to cause damage to your house(we had cracks) and you could show that to your NDN. Ours told us ever green trees are worst as they suck water all year to maintain leaves.

Take the free option first and speak to the tree officer at your local council.

And don't tell your insurer yet unless you want your premiums to skyrocket.

Why would I exaggerate? I am simply asking about the legal position on tree roots and how they have disturbed the paving in my garden. What would be the purpose of exaggerating? And what am I exaggerating?

Wow that’s a lot! Pursuing NnD for money is pointless. They have debt collectors round regularly and they are not reasonable people.

The house was built 1932 and the tree probably dates from then. There are trees up and down our street, most of them are managed. This one is not.

I’m on the property area of MN. Wtf would I gain by exaggerating? MN is so weird. Always someone trying to make you feel bad.

Thanks to those who have offered advice. I appreciate it. I will try the council first.

You said you’d post a pic when it got lighter 🤷‍♀️