Damage to my home

[notsure]

Hi All

What is the best forum to seek advice on damage to my garden as a result of tree roots bordering my property (owned by a residents association NOT the local council)?

[des8]

You do have the right to cut the roots back to the boundary and you do not need the consent of the tree owner before doing so, although it is usually advisable to try and obtain consent to avoid any potential dispute.

This right is subject to some limitations. The cutting back must not make the tree unstable or cause it to die. The branches or roots which are cut off must be returned to the tree owner and you should check that the tree is not subject to a tree preservation order (TPO) as it is a criminal offence to prune a tree which is subject to a TPO without consent.

If damage has been caused to your property you should notify the tree owner and they will need to respond to that damage in a reasonable way. The party causing the nuisance is entitled to notice of the nuisance and a reasonable opportunity to abate it before any liability for remedial expenditure can arise.

[notsure]

Thanks for the support here. Couple of questions:
1 How do I confirm if they have TPO's?
2 Could you send me the link to the correct section of the law so I can add to my response to them?
3 In relation to damage to my property, they are "having none of it", a small claims court only gets me £1k roughly and my claim is much bigger (c10k). Can you offer any advise on best course of action?

Thanks again.

[des8]

1. check with local county council ..planning department
2.It is a common law right, so no statutes to which to point you
3.limit for cases allocated to small claims track is £10,000

If you have legal expenses cover with your home insurance that might help you

[Ripped-Off]

2.It is a common law right, so no statutes to which to point you

Agreed. The authority is Lemmon v. Webb [1895] A.C. 1 per Kay LJ

‘The encroachment of the boughs and roots over and within the land of the adjoining owner is not a trespass or occupation of that land which by lapse of time could become a right. It is a nuisance. For any damage occasioned by this an action on the case would lie.’