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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a tree next to my garden, it has no TPO and this is

Customer Question

I have a tree next to my garden, it has no TPO and this is not a conservation area, the land is owned by the local council, this tree is names the, tree of heaven. Ailanthus is its real name. this tree is massive and in the last few years has overgrown my small garden (7 x 6 meters. the tree in most countries is a nuisance and is generally removed. the tree produces substance that is toxic and will kill other plants and tree around it. this is mostly done by dropping seed for around six weeks none stop, the seed contains toxins. as this tree drops this for six weeks we are unable to use our garden an its like snow and the seed stick is your hair, my partner and two girls just hat it with there long hair. The tree covers our garden totally so there is no where to go. the tree also attracts birds and these birds like to foul our garden, 80% of the garden is covered in sandstone paving that the droppings and the seed are destroying, the droppings won't wash out and the seed decomposes within two days leaving a stain that wont come out. i have also a single story extension that the tree over hangs and this seed blocks an internal drain, the water overflow down the side of the building and is staining my wall that is a party wall as well. latter in the year the tree drops 200mm stems (like darts) that also block this internal drain and mark my sandstone paving. in the autumn the tree drops branches up to a meter in length, 25mm diameter. these are dangerous if they hit you. the tree is so tall that if the wind blows it down it will crush the back of my house that is timber construction, not brick, this could lead to a serious situation as two bedrooms are at risk of being penetrated by the branches. the council gave the tree a crown lift last year and that's all they are prepared to do, we have informed them of all the above by e-mail but they are not interested. i want to use my garden to entertain and for use to enjoy six weeks in july are lost in our shot summer and we are at our wits end. having laid this indian sandstone patio to perfection i am now watching the stone being destroyed, it's gut wrenching to say the least £3500.00 going to waste. sorry this is not well written but i could go on and on.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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 1 year ago.

Yes I will wait thank you.

Customer: replied 1 year ago.

I will wait thank you

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Who owns the land the tree is on?
Customer: replied 1 year ago.

The local council, Harlow.

Expert:  Ash replied 1 year ago.
Ok, do you want to get it cut back yourself, or them to do it?
Customer: replied 1 year ago.

To cut it back to our boundy will leave the tree unbalanced so it needs to come down. its their tree i would like them to cut it down.

Expert:  Ash replied 1 year ago.
OK, you need to write and ask them to do it. If they refuse then you should complain to the Chief Officer of the Council. That department will investigate the matter and report back to you.
If you are not happy with that response then you can complain to the Local Government Ombudsman. They offer a free, independent service and can look at your complaint at: www.lgo.org.uk
If they do not find for you then you can apply to the Court to allow that the tree be felled. You would need to issue a claim in relation to that using form N1 which can be found at:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Can I clarify anything for you about this today please?
Alex

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