Hello Wendy my name is ***** ***** I will help you with this.
For now please let me know whether you have had a survey of the tree and roots ?
No because we have a path between the house covering the roots
There is also a 6ft high fence which separates the two properties
I would get a surveyor to do a report.
That way you know what the tree is and the extent of the roots.
Then you know what you are dealing with.
Then you can show this to your neighbour.
It will either show that there is no risk or there is risk.
If there is risk then the neighbour can be asked to cut it back to minimise any risk.
Once they know there is a risk and say further down the line damage is caused then you can sue for negligence.
If this happens then you can use the approved report at Court to show your side of the story and there was a risk
But the starting point is getting a surveyors report
Can I clarify anything for you about this today please?
Unfortunately he is only going to be able to do survey by getting in to the other property and the landlord is not being helpful, can I insist an expert can have access?
Yes you can.
If they refuse then you can seek a court order for access
Can I clarify anything else for you?
no but thats very helpful thankyou very much for your time
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