My neighbours tree is lifting my patio !!!!

Bacus

Distinguished Member
I all,
I am trying to find out my rights on the above issue.
My neighbours tree that he planted a few years back has got real big !! Over the last couple of years it had started to lift the concrete sleepers my fence sits on and thus has lifted the fence up about 4 inches. Lately we have noticed our lovely patio has started to lift, this patio cost us a fortune to have fitted and where it is lifting it is at an angle that is heading for out house extension. The house is only about 15 feet away from the tree as it is.

I have asked our neighbour some time ago if he could cut the tree down as its lifting the fence but he was not bothered.

What are my rights ? Can I take action against him to get the tree cut down ?

Any help and advise please ?

Regards Bacus
 

Bacus

Distinguished Member
Think it's a Eucalyptus tree if that makes any difference ?
 

[email protected]

Well-known Member
If the root is on/under your land then cut it.

The last thing you want us for it to reach the foundations of your house.

Meanwhile if your neighbour won't discuss ths, send him a bill for the work involved to cut the root and fix the fence and the patio.
 

Steven

Senior Moderator
Not quite that fast

Two things: communication and procedure. Neighbour disputes unnecessarily escalate simply because people cannot swallow pride, communicate or retain a stiff upper lip (applying "get the last word in" rather than sucking it up and remaining professional)

Firstly you cannot assume it is just the roots, your patio may not have been laid 'properly'

Notwithstanding, tree roots growing onto your property may constitute a nuisance if indeed it is causing say damage. However if you was to cut roots in such a way that leads to the tree falling then you in turn are causing damage

If you have insurance then may be an idea to leave them to it. If not then get professional advice, keep neighbour fully informed and better yet have them present if you are cutting roots back
Think it's a Eucalyptus tree if that makes any difference ?
Yes, yet another amateur who did not appreciate a few years down the line the roots will spread far and wide
 

Bacus

Distinguished Member
The patio was laid by my brothers firm. First off the ground was levelled and then 8" inches of concrete was poured to for a large slab then the patio stones were cemented down and cement jointed. The tree root is/has cracked or broken the slap the patio stones are laid on by the looks of it. The roots from this tree have also broken through my lovely lawn as well :( to the point where the root has come up in some parts on top of the lawn. But it's the patio that I am really annoyed with.
 

Phil57

Well-known Member
I all,
I am trying to find out my rights on the above issue.
My neighbours tree that he planted a few years back has got real big !! Over the last couple of years it had started to lift the concrete sleepers my fence sits on and thus has lifted the fence up about 4 inches. Lately we have noticed our lovely patio has started to lift, this patio cost us a fortune to have fitted and where it is lifting it is at an angle that is heading for out house extension. The house is only about 15 feet away from the tree as it is.

I have asked our neighbour some time ago if he could cut the tree down as its lifting the fence but he was not bothered.

What are my rights ? Can I take action against him to get the tree cut down ?

Any help and advise please ?

Regards Bacus

If it can be proven that the roots are causing the problem, then yes, you can take legal action.
Roots growing from trees from outside of your property are 'trespassing' The owner of the tree is responsible.
That said it most certainly is far better to talk to the neighbour to sort the problem out.
It certainly should not have any financial impact on your wallet.
 

_dark_blu

Active Member
I have lots of experience from a neighbours tree roots basically causing our very expensive conservatory to detach from the back of our house - and after consulting experienced industry people, solicitors and legal advice - it wasn't the best of news. :(
 

phillyd1981

Well-known Member
I have lots of experience from a neighbours tree roots basically causing our very expensive conservatory to detach from the back of our house - and after consulting experienced industry people, solicitors and legal advice - it wasn't the best of news. :(

Are you able to go into more detail?
 

7ofnine

Well-known Member
I all,
I am trying to find out my rights on the above issue.
My neighbours tree that he planted a few years back has got real big !! Over the last couple of years it had started to lift the concrete sleepers my fence sits on and thus has lifted the fence up about 4 inches. Lately we have noticed our lovely patio has started to lift, this patio cost us a fortune to have fitted and where it is lifting it is at an angle that is heading for out house extension. The house is only about 15 feet away from the tree as it is.

I have asked our neighbour some time ago if he could cut the tree down as its lifting the fence but he was not bothered.

What are my rights ? Can I take action against him to get the tree cut down ?

Any help and advise please ?

Regards Bacus

Would it be worth pointing out to your neighbour that the tree roots could pose a significant risk to his own property?
Nobody wants an insurance claim for subsidence or underpinning on their record as it will have impact on the insurance premiums and the long term value of the house.
So it's probably in your neighbour's interest to get this sorted out too.
(Assuming the tree is close to your neighbour's house of course)
 

Steve N

Distinguished Member
Cutting the root may arrest the problem but won't get your patio level.
You'll have to dismantle the patio and dig out the root.

I had a small willow that raised and split some heavy duty brickwork I'd had professionally laid to create a raised border.
I had to dismantle the border along a ten foot stretch as it had "heaved" from the root below.
I imagined it would be relatively simple to dig out the root but that was another nightmare as the root had loads of other roots growing from it, some going fairly deep.

Sorted eventually and the border rebuilt. I did dig a trench a couple of feet deep and poured concrete to act as a barrier to any other roots heading for the border.

Postscript
I chainsawed the willow leaving an three foot stump and chainsawed all the other roots I could get to around the bottom of the stump.
But since - Buds sprouted all over the stump, twigs grew from the buds, and now the willow looks like a full tree again.
 

Bacus

Distinguished Member
Hopefully here are some pictures.
The first and second show how much the fence has lifted to one side.
The third shows the concrete section/gravel board that has lifted.
The forth doesn't really show how the patio has lifted but you can see that the once level slabs have lifted.

The second picture also shows how close the tree is, and when measured today it is 16 feet away from my house.
 

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7ofnine

Well-known Member
Have you informed your insurance company about that tree? You're meant to tell them about any tall trees within 5m of your property.
 

Axel40

Banned
Cut the fecker down.

Neighbour is a Chav that ignored you.

Do the right thing and be done and dusted. Why you even asking *** :thumbsup:
 

Bacus

Distinguished Member
orpheus said:
Have you informed your insurance company about that tree? You're meant to tell them about any tall trees within 5m of your property.

No :(
 

Bacus

Distinguished Member
DR Kronenbourg said:
Same was happening to my drive, short answer, poison it, that's exactly what I did, just bored a hole in the root and filled it with tree stump killer.

Does tree stump killer really work ? How long does it take to kill a tree with this stuff ?
 

NewfieDrool

Banned
I would not apply a herbicide to the roots as it could kill the tree and if next door has his head screwed on you will be liable.

You need to seek advice, insurance, local council and so on as those roots travel a long way and are well in reach of your property.
 

DR Kronenbourg

Distinguished Member
Does tree stump killer really work ? How long does it take to kill a tree with this stuff ?

I done it in autumn last year, this spring/summer it didn't grow leaves at all, it looks completely dead, the lad thought it had been struck by lightning, so I done the neighbourly thing and offered him my chainsaw to cut it down;)
 
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NewfieDrool

Banned
Chris Muriel said:
Which herbicide did you use ?
(I haven't been too successful with these)

Most of the products used contain Glyphosate.
Best applied in Autumn and should be applied as soon as you cut the stump as the healing process starts very quickly.
Special plugs can be used that contain the chemical or as many do they simply drill the outer edge just in from the bark or score it deep with a chainsaw and then apply chemical as per instructions which are the recommended levels.
Some trees are harder to kill off than others and manufacturers will sometimes supply a chart for example if using plugs which details the amount of plugs needed.
 
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