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seanferguson13
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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First I wish to apologise because I have asked this question

Resolved Question:

First I wish to apologise because I have asked this question before but I did not proceed to your answer.
I own my property and at the back there are 2 very large London Plane trees. One is immediately at the back of my property and that of one of my neighbours. The other is at the back of my other neighbour. Both are planted on the highway and are council property.
Both of these trees are overhanging all 3 gardens. The one at the back of my property has extensively branched into my property and is causing various problems including debri, bird droppings on the washing etc etc. They are also a danger to pedestrians and road users because of overhanging branches and roots lifting the pathway.
I have been in contact with the council over the last few years but I am not getting any positive response from them about 'trimmimg' the trees. A recent email from them states they will look at the situation over the next 2 to 4 weeks. They have also stated I could cut the branches back to my property boundary however this will be at my cost. Both trees are above the height of the houses and I would not be able to trim them back to the boundary without hiring professionals to do it.
I am of the opinion I should not be responsible for this. Neither of these trees should have been planted so close to properties because of their size both height and width.
Can you please advise me regarding this issue.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Nicola, please take your time.

Kind Regards

Keith

Customer: replied 2 years ago.

Nicola, having problems with my computer so I do not know if you received my first response. I do apologise with the late reply but I have not been available.

Please carry on with your search. Any help you can give me will be very much appreciated.

I also have photos of the trees. If you need to see them please let me know.

Kind Regards

Keith

Expert:  Nicola-mod replied 2 years ago.
Hello Keith,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi Nicola,

Thank you again. If you need any other information or the photos I mentioned please let me know.

Kind Regards

Keith

Expert:  Nicola-mod replied 2 years ago.
Hello Keith,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi Nicola,

I am happy to wait until you can find someone to help. I known this is not an easy problem to answer but I would very much appreciate knowing where I stand legally so please carry on with your search.

Kind Regards

Keith

Expert:  Nicola-mod replied 2 years ago.
Hello Keith,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thank you Nicola. I am happy to continue to wait.

Kind Regards

Keith

Expert:  Nicola-mod replied 2 years ago.
Hello Keith,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Nicola,

Sorry for the delay in getting back to you. My question is obviously causing problems.

The basics of it is that I am aware I can cut the tree back to my boundary.

The issue I have is that the tree was planted by the Council many years ago and has grown to a height well above my house. Therefore I am unable to cut the tree back myself. It would necessitate employing someone to do it for me and therefore a cost to me.

I am of the opinion this is not fair due to the fact the tree was planted by the council much to close to my property and they would have had the knowledge of what height and breadth the tree would grow to.

What I really need to know is whether I can 'challenge' the Council regarding any cost imposed by myself when having the tree trimmed back to my property boundary.

I would very much appreciate if you could find someone to give me an answer or at least some guidance regarding this issue.

Kind Regards

Keith

Customer: replied 2 years ago.
Relist: I still need help.
I would still like to have some form of answer to my question as I wish to speak to the council further about the issue.
I also wish to add I am disappointed that my 'question' disappeared for this length of time and has only just resurfaced
Expert:  seanferguson13 replied 2 years ago.
Hi
It sounds like you have a classic case of "nuisance" - which is an actionable/legal claim. The council's trees will be causing a nuisance if they cause physical damage to your buildings, land or vegetation or unreasonably interfere with your enjoyment of the land. It sounds like your case matches both of these (but this will entirely depend on the facts). In fact claim for damage or interference caused by tree roots or branches may be brought both in private nuisance and negligence (as the council owe you a duty of care).
You may also have a claim against the council for trespass, obstruction of your right of light and/or breach of health and safety.
I would advise sending them a strongly worded letter by special delivery noting you have sought legal advise and a believe there are multiple claims you could make against them. Give them a date to respond (satisfactory) to your concerns which, if passed, will result in you lodging a claim for all of the above at the county court.
Hope this helps
Sean
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience: 3 year qualified solicitor with expertise in UK taxation.
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Customer: replied 2 years ago.

Sean,

I am sorry it has taken a while for me to view your answer but there was a problem regarding payment which has now been sorted.

You may well have seen I asked this question a month ago but I got no response.

Oh! how I wish you had got to this question first.

I really didn't think I could do alot with this issue but you have given me hope to challenge the council.

Thank you so much for your speedy and positive response.

SmileSmileSmile

Expert:  seanferguson13 replied 2 years ago.
Hi
No problem - if you could rate and close the question if be very grateful.
Kind regards
Sean
Expert:  seanferguson13 replied 2 years ago.

Hi

I would be very grateful if you would rate and close the question.

Kind regards

Sean

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