Who is liable when root damage disturbs your peace?

4 August 2026

While trees are beautiful and can elevate the look of a property, they can also cause serious damage.

Most trees growing near buildings don’t cause any trouble, but it is possible for some to lead to subsidence and structural damage.

Deciding who is responsible for damage isn’t always straightforward, especially where trees are publicly owned or protected.

Understanding how root damage happens, who’s liable and the legal options available are important for choosing your next steps.

How does tree root damage happen?

As the roots and branches of trees spread, they can lead to many problems for houses and their foundations.

Some common types of damage include:

• Subsidence – As tree roots extract water from soil, the soil shrinks and can cause buildings to move.
• Drainage issues – Roots may enter and block drains, leading to the formation of cavities where water flows into the soil. If a drain leaks, this can lead to potential flooding.
• Cracked pathways – Flagstones and tarmac might be unearthed by expanding roots.
• Physical damage – Branches might cause damage to roofs and guttering as they grow, or expanding roots might lift sheds or garden houses.

Who is liable for tree damage?

Your neighbour may be liable for the damage caused by their tree, but only if sufficient proof can be provided.

You will need to demonstrate that the root damage has involved unreasonable interference with your use or enjoyment of land.

If such an interference took place, this would count as a ‘private nuisance’ under common law.

To strengthen your case, you will need to show how damage has been caused by encroaching roots.

You will also need to have evidence your neighbour breached their duty of care by not acting when they knew, or should have known, there was an issue.

They can only be legally responsible if it can be shown they were aware or should have been reasonably aware their tree was causing damage.

Contact should be made with your neighbour to raise the issue before escalating things further.

Make sure you keep a record of evidence and any written communication between you both.

What if the tree is protected?

Where the tree doesn’t fall on the boundary of either neighbour, with the roots falling on public ground, the local council is typically responsible.

Any damage from a tree on public property should be reported to local authorities, so they can decide on the best course of action to prevent further damage.

However, some trees are legally protected, which complicates what can be done to prevent further damage.

Trees might be protected by a Tree Preservation Order (TPO) or because of their location within a conservation area.

Any action that is to be taken on a protected tree first needs permission from a local authority.

If you begin to cut or remove parts of a tree without the council’s authorisation, you can be required to pay fines, plant a replacement tree or even face legal action.

Local council websites often offer online search tools to help people find out whether a tree is legally protected.

Get professional guidance

Speaking with our solicitors can help you with assessing property damage, proving legal liability and recouping any repair costs.

Before you spend any money on surveys or time drafting formal letters, we can advise you on the strength of your position and your realistic options.

Tree root claims can be time-barred, which means there might be a deadline to begin legal action.

Action should be taken as soon as possible to avoid your legal right to compensation becoming permanently lost.

If you are unsure whether you have reasonable grounds for a claim, get in contact today.