This is residential property and everything around is residential. The land can only be used for residential purposes. Does that answer the question?
I don't know the answer to that. The old report states quite categorically that the tree is diseased. I think they may be playing for time as their emails to me have become rather rude. I think the fact that the tree has a severed root may be something to do with it. The root was severed some time ago as it's quite dried up but the builder may be trying to get some time between my taking over the property and any discussion of responsibility so that he can say perhaps that I did the severing.
I am now going to talk to an arboriculturist to get another opinion. I will pass that along to the builder. If it can be demonstrated that the severing was done 18 months ago, plus or minus, then he was the one who did it. Would I be able to sue him for the costs of removing the tree, do you think?
Yes - the original report is on the internet as part of the planning application process. It looks at the entire plot where my house and one other was built. All of the trees are identified and described. My pine tree is the only one in the entire plot that was identified as diseased. I would propose to only ask the arboriculturist to evaluate the pine tree.
Also, btw, I don't get an email when you reply. I only found your first reply by accident ...
Email - I will alter technical, I can only see the expert end which is the question.
You should be able to get just an addendum report, I dont see what you need another full report.
But if a second opinion confirms the case again they should accept this.
If you have purchased the freehold, only the owner of a covenant can enforce it, not a third party.
If the beneficiary of the covenant does not want to enforce it, sadly you can't make them.
Of course if you do cut it down, what can they do?
But what would they get?
What damage have they suffered? None
The tree was unwell and may have died anyway.
All the Court could order you to do is plant another one
So get a second opinion, make sure this is in writing and then cut it down
The building firm would have to issue proceedings against you
Can I clarify anything for you about this today please?
Thank you very much. That is very helpful. Sally
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One final question before we close it down. Can I sue them for leaving this diseased tree and forcing me to have it removed? As they knew in 2011 that it was diseased did they actually have any duty to remove a tree that they should have known would cause problems?