Are Neighbouring Trees About to Cost You?
Encroaching tree roots crossing into your garden may be more than a nuisance—they pose serious legal and structural risks. Whether they’re heaving patios, undermining drains, or compromising foundations, root encroachment requires a careful, informed approach.
Legal & Technical Considerations
1. Your Rights & Responsibilities
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You can remove roots encroaching onto your property—but only from your side of the boundary.
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Overstepping this limit, or removing too much, can make you liable if the tree dies or suffers serious damage.
2. Protected Trees
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Trees with a Tree Preservation Order (TPO) or in a Conservation Area require local authority consent.
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Unauthorized root work leading to tree death could result in fines, legal action, or mandatory replacement
3. Risk of Tree Death
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Severing structural roots can destabilise the tree.
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If the tree dies, you may be liable for replacement costs or property damage caused by the falling tree.
4. Duty of Care
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Acting reasonably and hiring a qualified arborist protects you from legal claims.
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Professional surveys demonstrate responsible action.