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Tree Roots

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bednobs | 15:48 Wed 15th Jul 2020 | Home & Garden
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If a neighbour's tree roots extend under your garden, do you have any sort of duty of care over them? If I wanted to dig a trench, could I do so with no regard to the roots? Do o have to get a tree person to cut them back or can I do it myself or do I have to leave them?
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This should help. https://www.inbrief.co.uk/neighbour-disputes/removal-of-tree-roots/#:~:text=A%20tree%20belongs%20to%20the,roots%20to%20the%20boundary%20line.&text=It%20may%20also%20be%20sensible,the%20owner%20of%20the%20tree.
15:59 Wed 15th Jul 2020
Although Ubasses link covers the legalities, Beds, I was wondering if this was a foundation trench?
That could open a separate can of worms... as it were ;o)
Question Author
well yes and no mr builder.

We made a trench to run services to our garden room (200ft away). as part of that whenever we came across roots we just went through them with no thought. Then the neighbour complained. I was wondering if we had done something illegal and he had a point. (no TPOs) The second problem is we are having an extension soon, and I imagine the roots will also be under the concrete we will break up to dig for foundations and i'm wondering what to do going forward wilth already peed off neighbours
I can't imagine what the neighbour has to be peed off about.
Their roots are encroaching on your property. They should be doing their best to accommodate you... not the other way around.

Ubasses link makes a good point that you "may" be liable if the tree suffers. In the real world, just imagine if those roots had made it to your house foundations, possibly causing "heave" and affecting your structural stability.
Perhaps, to be practical, it may be worth getting opinion from a tree expert. I know it's all extra expense, but I would rather get this on a clear legal footing now rather than later.
I've dealt with roots several times, but not with this aggravation. Usually, cutting the roots and installing a barrier has no particular effect on a healthy tree.
I say barrier, not for your service trench, but for the foundations of your proposed extension.
Root barriers are often simply mass concrete fill in the foundation trench together with a compressible "clayboard" (nothing more than a fancy polystyrene board a couple of inches thick.) When you have your trenches inspected by Building control, they should advise.
Just bear this in mind in case you do come across the roots in your extension excavations.
Get yourself armed with some professional advice, Beds. It's well worth it.
Question Author
hes peed off because we didn't tell him, then when he saw what we were doing, he stood in his window filming us digging the trench
anyway, thanks all

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