The short answer
If a neighbour’s tree roots damage your property — cracking from subsidence, lifted paths, blocked or broken drains, or a damaged wall — the tree owner can be liable in nuisance or negligence, but only where the damage was reasonably foreseeable and they failed to act. Liability is not automatic. Crucially, proving that the roots actually caused the damage — rather than, say, normal clay shrinkage, an old defect or another cause — usually requires expert evidence. Many of these claims are dealt with through buildings insurance, particularly subsidence claims.
Why it matters
Root damage is a classic example of a problem where the cause is genuinely contestable. Subsidence on shrinkable clay soils, the species and proximity of the tree, the depth and type of foundations, and the pattern of cracking all have to be assessed together, typically by arboricultural, structural and sometimes geotechnical experts. The tree owner’s liability generally depends on whether the risk was foreseeable and whether they took reasonable steps once on notice — not simply on the tree existing. This is why these disputes are, in essence, evidence disputes: both sides may be sincere, and only a proper investigation of the causation evidence settles who is responsible.
What to do now
- Notify your buildings insurer early — subsidence claims are usually handled this way.
- Record the damage with dated photographs and keep a timeline.
- Do not assume the tree is the cause — let the cause be investigated by appropriate experts.
- Raise it with your neighbour calmly and in writing so they are on notice.
Common mistakes
- Assuming the nearest tree is automatically to blame.
- Assuming the tree owner is automatically liable.
- Delaying notice to your insurer or your neighbour.
- Removing evidence before the cause is established.
When to call Coburns
Where root damage overlaps with a boundary or neighbour dispute, we help establish the position objectively and point you to the right expert evidence on causation, alongside your insurer and any legal advice.