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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbour has a silver birch tree growing about 6ft away

Resolved Question:

Our neighbour has a silver birch tree growing about 6ft away from our property ,we aqre concerned its roots will o damage.We have requested that the landlord does something but he remains elusive.Could you tell us what we could do please?
regards
wendy
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Wendy my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have had a survey of the tree and roots ?

Customer:

No because we have a path between the house covering the roots

Customer:

There is also a 6ft high fence which separates the two properties

Alex Watts :

I would get a surveyor to do a report.

Alex Watts :

That way you know what the tree is and the extent of the roots.

Alex Watts :

Then you know what you are dealing with.

Alex Watts :

Then you can show this to your neighbour.

Alex Watts :

It will either show that there is no risk or there is risk.

Alex Watts :

If there is risk then the neighbour can be asked to cut it back to minimise any risk.

Alex Watts :

Once they know there is a risk and say further down the line damage is caused then you can sue for negligence.

Alex Watts :

If this happens then you can use the approved report at Court to show your side of the story and there was a risk

Alex Watts :

But the starting point is getting a surveyors report

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

Yes you can.

Alex Watts :

If they refuse then you can seek a court order for access

Customer:

Ok

Alex Watts :

Can I clarify anything else for you?

Customer:

no but thats very helpful thankyou very much for your time

Alex Watts :

Happy to help. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

if you need more help please click reply

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