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Neighbour's Tree Roots Causing Damage

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OldChestNuts | 18:07 Mon 12th Jun 2023 | Home & Garden
11 Answers
Hi Posters, seeking some advice here really.

I had noticed that the neighbours apple root had damaged our blocked paved, lifted a number of blocks.
Then also noticed the surrounding block paved around the the sewage (manhole) area had beed lifted or raised.

Was going to phone home insurance for advice but office is closed now. I had moved in the property 12 months ago and only noticed it now. I had not mentioned to the neighbour who owns the tree. The neighbour also is selling the house and got a Sold sign on already.

What is the best way to handle this situation? Also do I call the sewage company to see what they say?
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Possibly helpful (and, unlike most web links, from a reputable source that isn't trying to sell you anything):
https://www.rhs.org.uk/plants/types/trees/the-law
How do you know that the neighbour's tree roots have damaged your paving? Has your paving damaged your neighbour's tree roots?
Question Author
@Atheist, an interesting question you asked and fair. But if the roots are within my property, I got the right to cut back, just like trimming the overhanging branch. So I don't think there is a need to determine whether the block pave had damaged the roots. But it is obvious the roots have uplifted the block paved. Also it back uplifted the drainage. So now can a drainage installed before the tree was plant could damaged the root?

the roots may have been growing toward the moisture in the drains. One is doing that on the street outside my house.
oldchest...
I can't really offer any constructive advice. If it was me, I'd want to speak to my insurers. I don't think there could be any blame scenario, but there might be laws about this stuff. I suggest that you keep trying online to see what you can find. Good luck.
You should also be concerned about roots entering and eventually blocking the drains. This does happen,
Installing a root barrier might be an option, but of course discuss this with your neighbour firstly.
The sewage/water company would only be responsible for looking after the drains if they were shared. Otherwise, they are just your responsibility to maintain.

Definitely agree with installing a root barrier. I've had to do this occasionally for concrete foundations near a boundary tree (or even some hedges.)

Probably a reinforced flexible barrier, the sort of thing used with invading Japanese knotwood.
Easy to install, but a bit of a game. A trench dug around 1500mm (5') deep, parallel to the drains/pavers.
Fit the barrier and backfill.

A TV camera down the drains would be a good idea. I've seen drains well filled with roots, where the only fix was to excavate and replace the drain run.
Question Author
Just talked to my home insurance and sewage provider company.
My insurance says the neighbour is liable and I now mentioned and shown the neighbour of the damage. The neighbour acknowledges the liability caused by the tree's root. The neighbour is in the process of selling (with Sold signage displayed) so she knows it's in her interest to put it right. I suggested to her to check her home insurance if her insurance covers this sort of liability.
The sewage provider wil lawns someone around to inspect.
Question Author
Update:
Sewage provider inspected the drainage and confirmed that no significant damage, but minor roots is getting through the concrete drainage. So looks like the root has "Gone" around the drain and lifter the block paving.
Just informed the tree owner and is going cut it. She then denied all liability for the damage to the lifted block paving. I think I am happy for her to cut tree down and this should put a stop to any future problem. So as a compromise as long she cuts down the tree then I won't pursue the liability for leveling the block pave. Will see when it comes down.
Question Author
Update:

The poor neighbour had been scammed by the workmen. The tree was cut down with taking any of the trees away. They didn't remove stump either. The neighbour was forced to handover the cash. (Apparently 3 big blokes accompanied her to the cash machine to withdraw cash! She reported to the police and the police says it's a civil matter. Had I heard that right? Apparently UK law now allows someone to force to handover the money is legal.

Anyway back to the tree, I had offered to help the neighbour to remove and take it to the tip and also offered to treat the stump with weed killer. Hopefully that is the end of it. In terms of the block pave around the drainage, i had removed a few brick and will need to dig deeper to see what is causing the raise.

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