Some years ago, my neighbour planted a beech tree on his side of our boundary wall.  

We had problems in 2012 where the tree roots had blocked my drain and we had foul water running down our drive. Our neighbour initially agreed to remove the tree but changed his mind. 

It is now around 9.5 metres high and is causing even more damage. The wall has now cracked and a CCTV survey showed the tree's roots have entered my drains. Our tarmac drive is lifting due to the roots spreading under the wall, which we have confirmed with an arboricultural survey which cost us £450. 

From what I understand, re-laying the drive could cost more than £8,000 and repairing the wall could cost around £2,000. My home insurer says I could make a claim against my neighbour for this, but I have to prove the damage is caused by his tree. A structural engineer report could cost over £500.

The insurer also said they would only take the case on if it considered that the chance of success was more than 51 per cent.

I also gather that as the tree roots have entered my property, trespass could be at play. What do I need to do to make sure any claim is successful?

Jane Denton, of This is Money, replies: It is your neighbour's duty to ensure the tree does not damage your property. 

Your neighbour has known about the problems caused by the tree from as far back as 2012, yet failed to take any steps to stop the damage. 

You have already amassed significant evidence to provide to your insurer supporting your case. 

Given how far you have already taken the matter, it could be worth paying the additional £500 for the report from the structural engineer to determine how much and what type of damage the tree has caused.  

Phone your insurance provider again and get them to provide a comprehensive list of the evidence they would require from you. Your home insurer can pursue a claim against your neighbour, but only if your neighbour is legally negligent. 

I asked two solicitors for their thoughts on your case. 

Manjinder Atwal, director of housing and property litigation at Duncan Lewis Solicitors, says: From what you describe, you may already have the evidence needed to pursue a claim against your neighbour. 

The key issue is proving that the tree is responsible for the damage, and it sounds as though you have taken several sensible steps towards doing exactly that.

A CCTV survey has identified roots entering your drains, excavations have revealed roots extending beneath your wall and driveway, and you are obtaining expert reports from an arboricultural consultant and structural engineer. 

These are precisely the types of evidence insurers and courts look for when determining liability.

Your next step should be to provide your insurer with a complete bundle of evidence, including photographs, CCTV reports, expert findings, repair estimates and copies of any correspondence with your neighbour. 

Ask your insurer whether there is any additional evidence they require before deciding whether the claim has a reasonable prospect of success.

You are correct that tree roots crossing onto your land can amount to a trespass. 

In addition, where a property owner knows, or ought to know, that a tree is causing damage and fails to take reasonable steps to prevent it, they may be liable in nuisance.

Importantly, this is not a new issue. You experienced root-related drainage problems as far back as 2012 and your neighbour apparently agreed at one stage to remove the tree before changing his mind. If he has been aware of the concerns for many years, that could strengthen your position.

You also told me your neighbour has passed the matter to his insurer, so you should also ask your insurer whether it has contacted them directly. 

In many cases, once liability evidence is presented, insurers will seek to negotiate a settlement before court proceedings become necessary.

It is understandable to be frustrated by the cost of expert reports, but these reports are often what turns a complaint into a viable legal claim. Given that the estimated repair costs exceed £10,000, obtaining robust expert evidence is likely to be money well spent.

If the evidence ultimately confirms that the tree is causing the damage, it may be possible to recover the cost of repairing the wall, driveway and drains, and potentially seek an order requiring your neighbour to take steps to prevent further damage in the future.

Olivia Egdell-Page, partner and head of property at Joseph A Jones & Co., says: In England and Wales, ownership of a tree is determined by the position of its trunk. 

If branches or roots extend across the boundary, you may trim them back, but only to the boundary line. Any work must be carried out without entering your neighbour’s land and without causing unnecessary damage to the tree.

Where a tree has caused actual damage, and the owner knew about the problem but failed to take action, they may be held responsible. It is therefore important to keep a written record of all communications, as this may assist you later if the matter escalates.

Your next step should usually be to contact your insurer. They may be willing to pursue your neighbour on your behalf, so it is sensible to confirm their process before seeking legal advice elsewhere. 

This can help you avoid prejudicing any claim or losing the chance to recover legal costs.

Insurers will apply their own criteria when deciding whether to pursue a claim. However, if they have asked for specialist reports, obtaining them should provide independent evidence of both the damage and its cause, which may strengthen your case.

In the meantime, you are entitled to cut back roots up to the boundary line, provided you can do so without entering your neighbour’s property. You do not need their consent for this, as it is treated as abating a nuisance. Permission would only be required if you needed access to their land to carry out the work.

That said, cutting roots can sometimes damage or destabilise a tree. If the tree were weakened and later fell, you could be responsible for any resulting damage. 

For that reason, you should act with care and obtain professional advice before carrying out any work.

You should also check whether the tree is protected by a Tree Preservation Order. Given that it appears to have been planted relatively recently, that seems unlikely, but it is still worth confirming.