Buying a flat or house question:

Our next door neighbour's tree roots have created humps, cracks and depressions in our tarmac driveway. We now need to resurface because of this. What is the legal position if we cut out some roots of his trees to achieve a level surface and prevent it re-occurring.

posted in Buying a flat or house | 1 response

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Responses:

Bill Willcocks

Bill Willcocks' response

The legal answer and the neighbourly answer are not always the same thing. Although you may have a right for your neighbour not to cause damage to your property, just chopping roots off the tree may cause more problems and make selling the property more difficult. You have to disclose any disputes with your neighbour when you sell so it's far better to talk to your neighbour and try to agree a plan to rectify the problem rather than taking action on your own. Only take unilateral action as a very last resort and consult a solicitor for advice before you do anything.