Buying a flat or house question:
The rear extension of my house has got cracks in it. I believe those cracks are caused by the roots of a tree next door. My neighbour says it is not his responsibility (trees are natural items, and there is no legal control over them). Is that correct?
Responses:
Good Lawyer Guide's response
Your neighbour is wrong.
Anyone who owns a property is liable for the trees (and plants) on it. So, if the tree spreads underground, with the roots causing damage to a neighbouring house, then the owner of the tree will be liable for that damage. Likewise, if branches of a tree spread over the boundary wall, and then fall onto the neighbouring land, the owner of the tree will be liable for the damage. The only exception will be if the tree owner could not reasonably have foreseen that this damage would occur.
Tree damage of this sort is almost certainly covered under a buildings insurance policy.
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