My neighbor's tree roots cracked my foundations. What are my legal rights in the UK?

What the Law Says

In England and Wales, liability for damage caused by overhanging branches or invasive roots is primarily governed by the common law tort of private nuisance—not statutory duty—unless the tree is covered by a Tree Preservation Order (TPO) or located in a Conservation Area, which imposes procedural obligations but not direct liability for damage. A landowner owes a duty of care to ensure trees on their land do not cause foreseeable harm to neighbouring property: see *Leakey v National Gallery* [1980] QB 485 and *Davey v Harrow Corporation* [1970] 1 QB 60. If roots encroach and cause physical damage (e.g., cracking foundations, blocking drains), this constitutes actionable nuisance. The neighbour is liable even if the tree is healthy and well-maintained, provided the damage was reasonably foreseeable and they failed to take reasonable steps to abate it. Under the Law of Property Act 1925, s.198, you may also serve a formal notice to require the neighbour to cut back roots that trespass onto your land, though this does not extinguish liability for existing damage.

Practical Steps

First, instruct a qualified structural surveyor (RICS-accredited) to produce a report confirming causation between the neighbour’s tree roots and your foundation damage—this is essential evidence. Next, write a formal letter before action to your neighbour, attaching the survey report and requesting remediation (e.g., root barrier installation, selective root pruning, or tree removal if justified) and contribution to repair costs. Avoid cutting roots yourself beyond your boundary without consent, as this may constitute trespass or trigger liability if it destabilises the tree. If the neighbour refuses to engage or disputes liability, consider mediation via the Property Ombudsman or local council’s neighbourhood dispute service. If unresolved, issue a claim in the County Court under Part 7 (for damages >£10,000) or small claims track (≤£10,000). Note: claims must be issued within six years of when the damage became reasonably discoverable (*Henderson v Merrett Syndicates Ltd* [1995] 2 AC 145 applied to nuisance).

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