Some years ago I asked my neighbour to remove some tree branches which overhung my garden. He did this, but has since allowed the trees to grow unchecked. What are my legal rights if they damage my property either above or below ground?
You appear to have a working relationship with your neighbour. Not everyone is so lucky, and I’d be reluctant to jeopardise it over tree branches. Your neighbour will only be liable for damage if it was “foreseeable”. So if you warn him of potential danger in a letter then he will be responsible if your fears turn out to be justified. If the roots or branches were to damage your house your first port of call would be your buildings insurance.