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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have an exposed tree root 6 inches high near my property

Customer Question

I have an exposed tree root 6 inches high near my property 10ft away . The trees are council responsibilty but I cannot get them to sort the root.
I have tripped once over the root but still no action.
They say the root is not damaged so not really interested.
I am trying to find out what health and safety would cover these exposed roots.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

You can take a number of steps in order to have this matter resolved and with your permission I intend to outline each one below:

AlexWatts2013 :

1) First is a complaint to the Council. You need to write in relation to this and inform them that you are making a formal complaint. Outline when you first contacted the Council, the issue you are having with the tree and the fact there has been no response. You can then outline the further times (if any) you have contacted the Council in order to have this tree dealt with

AlexWatts2013 :

2) If that does not fix the problem for you the next step is to complain to the Local Government Ombudsman. They are independent of the Council and investigate complaints against local authorities all over the country. You can download the forms for complaint online at: www.lgo.org.uk - but they will have expected you to have complained to the Council first.

AlexWatts2013 :

3) Options 1) and 2) above are free and you are therefore encourage to take this route. The final one is to issue Court proceedings and seek an injunction to compel the Council to carry out the required works. You would need to employ a Solicitor to draft Court pleadings and represent you in Court. You will probably have to pay for this as legal aid is unlikely to be available, but if you do win then you are likely to be awarded your costs.

AlexWatts2013 :

Can I clarify anything for you about this please?

AlexWatts2013 :

I see you have rated bad service, what else would you like to know?

AlexWatts2013 :

Are you there? I want to assist you in answering your question as I strive to give the best possible service.

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