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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9778
Experience:  I have been practising for 30 years.
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I have issues with the council trees which are outside my

Resolved Question:

I have issues with the council trees which are outside my property. The roots have damaged the garden area which is slabbed. I have called them sent them email but no response from them.
Can I sue?
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello - what exactly is the damage to your slabs and how far away are the trees?

Customer: replied 1 month ago.
The slabs have moved and lifted up. The area is uneven.
My house is by the road. So we have paved path and then very tall trees. My property wall is about 5mts from the trees. You can see it on Google earth. Ub2 4xw.*****
Expert:  F E Smith replied 1 month ago.

I would resort to a letter (rather than email or telephone) telling them that trees belonging to them are now damaging your property and that you require compensation and removal of the trespass and if they don’t do something about it within the next 10 days you will take them to court firstly for compensation in respect of the damage occasioned to your property and secondly to stop it happening further, thirdly to make them stop this by doing whatever action is necessary and fourthly, you will ask the court to award costs against them in respect of the application.

Your cause of action is in common law nuisance and the tort of negligence.

Check your house insurance to see if you have legal expenses cover that would pay the cost of going to courtAnd for an initial solicitors letter which might do the trick without the need to go to court. You can always get that letter sent from a local firm of solicitors yourself even though you made the court application without using solicitors. They are more likely to respond to the solicitors letter in your own. If they don't reply to your letter, you can also make a complaint to the Local Government Ombudsman which is of course free..

. I’m happy to answer any specific points arising from this.

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Best wishes.

FES.

Customer: replied 1 month ago.
Can I get a letter from you...
Expert:  F E Smith replied 1 month ago.

I can give you the wording of the letter to send to the Highways Department in respect of the trees but it would just be the wording for you to send. We are not allowed to use our solicitors letterheads.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 month ago.
That's great.Please send the wording. I will then type it properly and send to the council.
Your help is very much appreciated Sir.
Kind regards *****