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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live next to a school that has two large trees right next

Resolved Question:

I live next to a school that has two large trees right next to my property.One is touching my guttering and roof and the other goes half way across my garden killing anything that is growing underneath.About 10 years ago the roots from one of these trees caused my drains to collapse and large cracks to appear in my side wall.I had workmen at my house for 3 weeks strapping the extension back to the wall of the main house.This time I have spoken to the school and they gave me a number of the foresty department at our local council.I spoke to them twice about two months ago and was informed they would be cutting the lower branches off the trees during the summer holiday which they didn't do.|He then informed me that they were only responsible for trees that were a danger and that it was my reponsability to deal with the other tree.Is this correct?I am now on a pension and feel that they should keep these trees in order and not let them get so big.Could you tell me what I need to do pleasd as the whole thing is stressing me out.Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know as I understand it, whether damage is currently occurring to your property? I assume you want them to cut the trees back?
Customer:

No damage at the moment but I think if we have high winds there could be.Yes I want them to cut the trees back.

Alex Watts : Ok. Have you had a tree surgeon out to give you a quote for doing the work?
Customer:

Not yet

Alex Watts : Ok, do that and get 3 quotes, this forms your loss.
Alex Watts : You need to write and set out your losses and request they do the work as promised or pay for it within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your advice.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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