Contributing 

Is Neighbour responsible if their tree roots damaged my driveway?

Leia Doyle

Is Neighbour responsible if their tree roots damaged my driveway?

Liability for damage You are likely to be liable for other kinds of damage caused to your neighbours’ buildings, e.g. tree root damage to foundations. Where this can be proven you could be compelled through court action to ‘abate the nuisance’, which may include removal of the tree and payment of compensation.

Can I sue my neighbor for tree damage UK?

On the other hand, should the trees be causing SIGNIFICANT damage to your gutters (not just blocking them) you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. If they refuse to do so, you can legally sue them and force them into paying.

Can a neighbour claim damage to a tree?

If the intruding roots or branches have caused damage to the neighbour’s property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation.

How to avoid losing trees to construction damage?

Damage: causes and possible remedies The best way to avoid losing trees to construction damage is prevention. However, if the damage is already done, you may still have time to take some remedial actions. Scraped trunks, broken branches and wilted leaves are symptoms that appear quickly.

Why does my Neighbor keep damaging my fence?

The damage could have been accidental, or they just might not have given it any thought. If the fence is on or near the property line, for example, the neighbor might have assumed that he had the right to use the fence as he or she saw fit.

Who is liable for damage caused by tree roots?

Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land.