If you’ve spotted cracks in your driveway or noticed issues near a neighbouring tree, you’re not alone. Tree roots can cause serious damage — and sorting out who’s responsible isn’t always straightforward. In this guide, we cover how root damage happens, who’s liable, and what you can legally do to protect your property.
How does root tree damage happen?
Tree roots generally grow in search of moisture and nutrients. As they spread, they can disrupt foundations, pavements, and drainage systems. The most common types of damage caused by tree roots typically include:
Subsidence: When tree roots extract water from soil, it can shrink and cause buildings to shift.
Drainage issues: Roots can enter drains, leading to blockages and potential flooding.
Cracked pathways and driveways: Expanding roots may push up paving stones or damage tarmac.
Boundary wall damage: Encroaching roots can destabilise fences and walls.
Who is liable for damage caused by trees?
If your neighbour’s tree roots have started to creep onto your land and cause damage, that could count as a 'private nuisance' under common law. But to make a successful claim, you’ll need to show two things:
That the damage was caused by the encroaching roots, and
That your neighbour failed in their duty of care by not doing something about it once they knew (or should’ve known) there was a problem.
Put simply, they’re only legally responsible if it can be shown they were aware — or reasonably should’ve been aware — that their tree was causing harm and didn’t take action.
Top tip: Tree root damage is legally known as a ‘nuisance’ — and your neighbour can still be held responsible even if the problem started before they bought the property. If they knew (or should’ve known) about it and didn’t take action, they may still be liable for the damage.
👉 You can learn more in our guide to issues with nuisance and neighbours.
What about trees on public land?
If the tree is on public land, such as a roadside verge or park, then the local council is usually responsible. You can report tree-related damage to your local authority, which will assess whether the tree should be pruned, removed, or treated to prevent further damage.
Can you cut back roots or branches?
Under common law, you have the right to cut back any overhanging branches or roots that cross onto your property – but only up to the boundary line. Here are some important things to keep in mind when dealing with overhanging branches or roots from a neighbour’s tree:
Stay within your boundary: You cannot enter your neighbour’s land to trim branches or roots without permission.
Only cut what overhangs: You can trim branches or roots that cross into your property but not in advance of them overhanging.
Return any cuttings: Any branches, fruit, or roots you remove legally belong to the tree owner, so they should be offered back unless they agree otherwise.
Be careful: Work must be done responsibly to avoid damaging property or making the tree unsafe, as this could lead to liability.
No height alterations: You cannot reduce the height of a neighbour’s tree or hedge without their consent.
Tree Preservation Orders (TPO) and conservation areas explained
Some trees are protected by law — either through a Tree Preservation Order (TPO) or because they’re located in a conservation area. These legal protections are designed to preserve trees that are important to the local environment or landscape. If a tree near your property is protected, here’s what you need to know:
You’ll need permission from your local council before cutting or removing any part of the tree, including roots or overhanging branches.
Carrying out work without permission can lead to fines, legal action, and even a requirement to plant a replacement tree.
If you’re unsure whether a tree is protected, contact your local council’s planning department or check their website. Many councils offer a quick online search tool to help you find out.
Editor's insight: "Tree Preservation Orders (TPOs) are covered by Part VIII of the Town and Country Planning Act 1990 and the 1999 Tree Regulations. These rules set out when and how trees can be legally protected—and what permissions you’ll need before doing any work on them."
What types of trees could cause the most damage?
Not all trees are trouble — but some species have particularly aggressive root systems that can cause real issues for nearby homes, driveways, drains, or garden walls. If you’ve spotted one of these close to your property, it’s worth keeping an eye out for early signs of damage. Here are the usual suspects:
Willow trees – Their roots are always on the hunt for water, which means they can easily invade drains or weaken foundations, especially in damp soil.
Poplar trees – These grow quickly and have wide-ranging roots that can spread far beyond the trunk, making them a common cause of cracked paths and boundary issues.
Oak trees – Strong and slow-growing, oak roots are powerful enough to cause subsidence, especially in clay-rich soil where ground movement is more likely.
Sycamore trees – Their large, shallow roots grow close to the surface, which makes them a top culprit for lifting paving stones or breaking through driveways.
FAQs
Can I make my neighbour remove their tree?
You cannot force a neighbour to remove a tree unless it poses a legal nuisance or hazard. However, you can request that they take action if it is causing damage.
What should I do if tree roots are damaging my property?
Speak to the tree owner and discuss solutions.
Gather evidence, such as photos and property surveys.
Contact your home insurer to check coverage.
Seek legal advice if the owner refuses to act.
Final thoughts
Tree root damage can creep up slowly but lead to costly repairs if left unchecked. The good news? You have rights. Whether it’s a neighbour’s tree or one on public land, knowing who’s responsible — and what steps to take — can make all the difference. If in doubt, getting expert advice can help you move forward with confidence.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.