Hi thanks for your question. My name isXXXXX can answer your question.
Are you asking whether the trees must be cut back to prevent damage?
yes the shrubs and tree are close to my house
Okay. If there is a real risk of immiment damage, then the court can require they be cut back.
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
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.
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.
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.
would a tree surgeon or building surveyor required to give that answer
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
A surveyor would identify the boundary and where the roots are likely to be, yes.
If damage occurs, and it's his tree, he would be strictly liable, yes. It doesn't matter whether he knew or not.
That said, you should make him aware of your concenrs, as it does then put him on notice.
is that verbal or a solictors letter
A letter from you to start with, but if no action is taken, it can be followed up by a solicitor's letter.
if i get a surveyors report and there is a problem what would be my first step to do to take him to court
First step before court is a letter before action, setting out your position and enclosing the surveyors report. Let him respond within 28 days.
Then if you get no resolution, you would consider issuing an N1 claim form in the court.
how much could this cost if we get to this position
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.
Most problems resolve at this stage.
if i get a surveyors report will he have to pay all costs
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.
ok thank you but totally off track do you wills
:) Sadly not I'm afraid. It's likely to be a question for another expert afterwards.
ok thanks you been brilliant