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If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots,.
What can I do about my Neighbours tree roots?
You do have the right to cut the branches or 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.
Can you cut neighbors tree roots?
Do you have the absolute right to cut or remove those branches from your property? Surprisingly, the answer is “No.” In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.
Can you kill a tree by cutting the roots?
Removing or cutting tree roots above the ground can kill your tree, but at the very least will make it less structurally stable. There are instances however when roots from your trees that are outside the trees natural dropline can be removed as long as they are pruned by a certified arborist.
Who is responsible if tree roots causing damage?
If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance.
What can I do about Neighbours tree roots UK?
You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.
Can I cut Neighbours tree roots in my garden UK?
The general position under the common law is that a neighbour can cut back branches or roots on their side, up to the boundary line. Usually, they cannot compel the owner of the tree to do this work, but are entitled to undertake it at their own cost.
Can I stop my Neighbour planting trees?
Generally speaking, there isn’t much you can do to stop your neighbour planting trees and shrubs within the boundary of their property. Even if it is obvious that the roots and branches will spread under and over your land as the trees/shrubs grow.
Is there a legal height for Neighbours trees?
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with. I want to cut down/prune a tree in my garden.
How do you get rid of tree roots under concrete?
To get rid of tree roots growing in underground pipes or under concrete, use Foaming Root Killer and Polyethelene Root Barrier Panels. Foaming Root Killer goes into your first floor toilet to clear the pipes by making roots brittle.
How do I get rid of surface roots?
Mark the area you’ll cut, and dig a hole all the way around the root until it is completely exposed. Use a root saw to prune the tree. Carefully pull the root up and away from the tree until it comes out. Be sure to refill the hole with soil from the same area afterward.
Does house insurance cover tree roots?
Tree roots If your home is damaged by roots or you experience subsidence or heave, your home buildings policy should provide you with cover if you need to make a claim. You’re not usually covered if a tree root blocks or causes a drain to collapse.
Does insurance cover foundation damage from tree roots?
Homeowners Insurance Exclusions to Foundation Repair. Damage that isn’t sudden and accidental and/or sourced from above the slab tends to be excluded from standard homeowners insurance. Common excluded foundation events include: Tree root damage.
How far do tree roots spread?
Most tree roots spread 2-3 times the radius of the canopy, and often reach out 5 times the radius of the tree canopy or more in dry conditions. So, for example, if a tree is 6m wide, the radius of the canopy is 3m. The root spread = 2 (to 3) x canopy radius = 2 (to 3) x 3m = 6m (to 9m).
Can my Neighbour force me to remove a tree?
You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.
How do I get rid of tree roots in my garden?
To remove the stump by hand, simply dig out the soil from around the stump exposing the larger tree roots. Depending on the size of the roots, use loppers, a pry bar and/or a hand saw to cut them into manageable pieces and pull what you can out of the ground, clearing away as much of the root system as possible.
Can a Neighbour force me to cut down a tree?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
