Tree roots can cause direct physical damage to walls, driveways, gardens and other structures.
If roots from a neighbouring or council-owned tree are causing damage, specialist legal advice can help establish responsibility and identify the most appropriate solution.
Understanding direct root damage
Unlike subsidence, which affects a building’s foundations through changes in soil moisture, direct root damage occurs when tree roots physically displace or penetrate structures. Common examples include cracked garden walls, lifted paving, damaged driveways, retaining walls and boundary structures affected by expanding roots.
These disputes often arise where trees are growing close to property boundaries or on neighbouring land. Street trees owned by local authorities can also cause significant damage to private property, raising questions about responsibility for repairs and ongoing management.
In many cases, the solution is not as simple as cutting the roots. Tree owners owe legal duties to neighbouring landowners, but there may also be common law rights allowing encroaching roots to be removed. If the tree is protected by a Tree Preservation Order or located within a conservation area, additional permissions may be required before work can be carried out.
Establishing the most appropriate course of action often requires legal advice alongside arboricultural evidence. Early intervention can help prevent further damage, preserve important evidence and avoid unnecessary disputes with neighbours or public authorities.
How Tree Law can help
We advise homeowners, businesses and public authorities where tree roots are causing direct physical damage to property.
We regularly advise on:
- Damage to garden walls
- Lifted paving and driveways
- Encroaching tree roots
- Damage caused by neighbouring trees
- Claims involving council-owned street trees
- Common law rights to remove encroaching roots
- Tree Preservation Order applications
- Recovery of repair costs
- Negotiating with neighbouring landowners
- Arboricultural evidence and legal advice
What our clients say
Why choose Tree Law?
Fees
We can advise on damage caused by tree roots, your common law rights, recovering repair costs and obtaining consent where works involve protected trees.
Hourly Rate
from £200 + VAT
Fixed fees can be agreed on request
Get in touch for an initial discussion about your situation so that we can agree the best way forward and an appropriate fee structure.
- £600 plus VAT – letter to neighbour
Frequently asked questions
If you have any further questions, please don’t hesitate to contact us.
Yes. Tree roots can exert considerable pressure as they grow, causing cracking, lifting and displacement of paving, boundary walls, retaining walls and other hard surfaces.
Responsibility depends on the circumstances. If roots from a neighbouring tree have caused damage, you may have legal remedies to recover repair costs or require the issue to be addressed.
In some situations, common law allows you to remove roots that have crossed your boundary. However, removing roots without appropriate advice can affect the stability or health of the tree, and additional restrictions may apply if the tree is protected.
Local authorities have responsibilities for the trees they own. If a council-owned street tree has caused direct damage to your property, it may be possible to pursue a claim or seek remedial works.
Not always, but consent may be required before carrying out work that could affect a protected tree. Specialist advice can help ensure any works comply with the relevant legislation.