My neighbour's tree roots are damaging my property. Am I liable for removal costs?

What the Law Says

The law in England and Wales places responsibility on the tree owner to prevent damage from roots. While the Law of Property Act 1925 does not directly address tree roots, it underpins land rights and easements relevant to boundary disputes and natural nuisances.

There is no specific statutory provision in the Law of Property Act 1925 that defines liability for tree root damage. However, section 62 deals with the conveyance of easements and profits à prendre on land transfers — it helps preserve existing rights (e.g., rights to light or support) when land changes hands, but it does not create new liabilities for trees.

Liability for root damage arises instead from common law principles of nuisance and negligence. A landowner owes a duty of 'reasonable care' to ensure their trees do not cause foreseeable harm to neighbouring property — including damage to foundations, drains, or walls caused by invasive roots.

If roots encroach and cause damage, the affected neighbour may lawfully cut back roots up to the boundary line (a right known as 'abatement'), but cannot claim reimbursement for doing so — unless the damage was avoidable and the tree owner failed in their duty of care.

Statutory Text

— Law of Property Act 1925, s. 62 — Conveyance of easements, etc.

What to Do

Sources