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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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we have neighbour who has a number of birch trees in his garden

Resolved Question:

we have neighbour who has a number of birch trees in his garden most of which are 40 ft high there are a number of bushes about 16ft high which are on the boundary we are concerned that the roots are close to our house and may do damage also the tree next to our house blows around and gets very close to our roof windows also potential damage could occur. we have approached the neighbour several times to ask him to cut them back to a reasonable level but he is not prepared to cooperate at all.we have tried a number of other avenues eg the local authority but they dont intervine we have been pushed from department to department any help would be greatful
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can answer your question.

tdlawyer :

Are you asking whether the trees must be cut back to prevent damage?

Customer:

yes the shrubs and tree are close to my house

tdlawyer :

Okay. If there is a real risk of immiment damage, then the court can require they be cut back.

Customer:

i, have asked him to cut the roots back from is sisw as i have decking on my side i would need to pull that up to get to the roots

tdlawyer :

Otherwise, if there is no risk of imminent damage, you would have to rely on the law of nuisance to say they were getting in the way and causing a nuisance, which would be much much harder to do.

tdlawyer :

However, as they're in your side of the land, you might be able to claim that they're now trespassing, and you can cut them back yourself and throw the branches back to the neighbours side.

tdlawyer :

As for the roots, you can require these be cut back on the same principles, either trespass or if there is a risk of imminent damage.

Customer:

would a tree surgeon or building surveyor required to give that answer

Customer:

if damaged does occur to our property would he be liable or do i have inform him first as he could deny he never new there was a concern about the roots by my house

tdlawyer :

A surveyor would identify the boundary and where the roots are likely to be, yes.

tdlawyer :

If damage occurs, and it's his tree, he would be strictly liable, yes. It doesn't matter whether he knew or not.

tdlawyer :

That said, you should make him aware of your concenrs, as it does then put him on notice.

Customer:

is that verbal or a solictors letter

tdlawyer :

A letter from you to start with, but if no action is taken, it can be followed up by a solicitor's letter.

Customer:

if i get a surveyors report and there is a problem what would be my first step to do to take him to court

tdlawyer :

First step before court is a letter before action, setting out your position and enclosing the surveyors report. Let him respond within 28 days.

tdlawyer :

Then if you get no resolution, you would consider issuing an N1 claim form in the court.

Customer:

how much could this cost if we get to this position

tdlawyer :

Difficult to say, it's how long is a piece of string really, but to issue a letter wouldn't cost more than £300 or so. Naturally though it depends on your solicitor.

tdlawyer :

Most problems resolve at this stage.

Customer:

if i get a surveyors report will he have to pay all costs

tdlawyer :

If you instruct him now you have to pay him. But if you win at court, then you should get an order that your costs of the surveyor be paid to you.

Customer:

ok thank you but totally off track do you wills

tdlawyer :

:) Sadly not I'm afraid. It's likely to be a question for another expert afterwards.

Customer:

ok thanks you been brilliant

tdlawyer :

Thank you!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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