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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Can I apply ASBO against my Local Authority?

Customer Question

Can I apply for an ASBO against my Local Authority?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
What is the problem that you're facing?
Customer: replied 2 years ago.

A cherry blossom tree outside my house (gorgeous roughly 1 week per year) sheds its blossom, much of which ends up in my front garden. The tree is the property & responsibility of the local authority and the fallen petals landing on my front path (dangerous and slippery underfoot when wet) are akin to dumping rubbish on my property, which I consider anti-social, as I'm sure the Council would were I to collect the offending material in a bag and tip it on the steps of the town hall.

Will you have dinner with me by the way?

Expert:  Alice H replied 2 years ago.
OK.
The fact is that you wouldn't be able to obtain an ASBO against the local authority because the law empowers the local authority to obtain ASBO's against individuals or a group of individuals.
I'm sorry to say that the law does not give an individual the power to obtain an ASBO against a local authority.
There may be other rights you could exercise such as an injunction - but this is likely to be costly and far outweigh the benefit you get in the long run.
Expert:  Alice H replied 2 years ago.
Do you need any further assistance with this matter?