Partner Ed Cracknell responds to a reader of The Times' Home Help section whose patio has been damaged by the roots from a row of poplar trees owned by their neighbour.
Having approached their neighbour and the local councillor to no avail, the reader asks for advice on next steps. Ed advises that if the roots have caused damage or ‘unreasonable interference’ then the reader may have grounds to make a legal claim, but they must have evidence both that the poplar trees are the cause of the damage and that the neighbour has knowledge of the risk they pose. He adds that the reader should follow up their original complaint with their neighbour with an aboricultural report, but cautions:
If the trees are subject to a tree preservation order, or if they are in a conservation area, permission may be required to fell or prune them… Legal action could be expensive and you will not necessarily be able to recover your costs. You should put your insurer on notice of the damage and check whether you have legal expenses cover.
Ed Cracknell is a partner in the property litigation team specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals and terminations, possession claims and development disputes.
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