My neighbour’s tree roots are damaging my property: who is responsible?

Liability is not automatic just because a tree is nearby. The cause of the damage, foreseeability and the tree owner’s response need to be investigated.

Establish the cause first

Cracked masonry, raised paving and blocked drains can have more than one explanation. An investigation may need structural, drainage or arboricultural expertise. A photograph of a tree beside a crack is useful background, but it is not a complete diagnosis.

Contact your insurer early

Tell your buildings insurer about suspected structural damage and follow its instructions about evidence and investigation. Keep dated photographs, repair records and a timeline. Avoid removing the suspected cause before the relevant experts have had an opportunity to assess it, unless urgent safety advice requires action.

Should I cut the roots myself?

Do not assume that cutting a root at the boundary is harmless. It can destabilise the tree or worsen damage, and protected-tree restrictions may apply. Get specialist advice on the proposed intervention and check the council requirements.

How should I raise it with the neighbour?

Explain the observed damage and the investigation being arranged, rather than stating an unproven conclusion as fact. Keep a copy of the correspondence. A solicitor can advise about responsibility and any claim once the causation evidence is available.

Where does a boundary survey help?

Boundary evidence may be relevant if the position of the tree, ownership of the land or the line separating properties is disputed. Coburns can assess that question. Specialist investigation of the tree, soil or building remains a separate instruction.

Prepare the evidence

• Dated photographs and a description of when damage appeared.
• Any engineer, drainage or arborist reports.
• Insurer correspondence and previous repair information.
• Relevant title documents if ownership or boundary position is contested.