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tree roots

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kez finch | 17:36 Tue 01st Jul 2008 | Gardening
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can anyone tell me can i chop off tree roots that are damaging my propery path an d wall although they are from my neighbous tree thanks
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I don't know if you can, but I would not recommend it ,as it would seriously weaken the tree and may even kiil it.
A tree or shrub belongs to the owner of the land on which it grows even if its branches or roots go under adjoining land. This includes the branches and the fruit of any tree or shrub.
The law states that any part of the tree that overhangs your property, you can trim. BUT and this is the really important bit. you must return any bits you've trimmed to your neighbor.
however you must not cause malicious damage to the tree. so cutting off the roots of the tree wood kill it, not straight away it could take up to 10 years all depending on the size. and your neighbour could sue you for a replacement tree, which depending on the tree could cost 10's of thousands,
But then you can sue your neighbour for the cost of any damage this tree is doing.
But I would have a very calm and friendly chat and explain your problem, and take it from there
edukes is correct about the law regards trimming the tree, but after spending 16 years living on a horticultural college one thing i have learned is that a tree has 100's of roots at all different depths under the ground, and it would be almost impossible for you to kill the tree by trimming back a few of the roots that are damaging your property. But it does depend on the scope of your trimming, try not to go to mad cutting the roots back, and do it in stages, to give the tree time to recover. Fundementally the law will support any reasonable action taken in line with its intentions.

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