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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a block paving drive at the front of my bungalow

Customer Question

Hi I have a block paving drive at the front of my bungalow but the roots from my neighbours trees keep pushing the blocks up, I have taken part of my drive up three times so far now I find that the roots have found their way up the soak away pipe and are coming up the drain pipe causing the gutter to over flow. also about six foot to the side of the bungalow there is a tree twice the height of the bungalow I have had what was hanging over my property cut back but the tree looks to have the disease called die back
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Why won't the neighbour do anything about this please?
Customer:

it's because he is a naturist so he wanders about the garden with nothing on the garden is full of trees to cover him from the other houses. there is a six foot fence between his garden and my and as myself and my wife are only five foot four we would not be able to see him anyway. we are just worried about the damage being done to our property.

Alex Watts : Ok, but the roots are on his land which is causing damage?
Customer:

the trees are on his land but the roots from them are causing damage to my property

Alex Watts : Ok. You need to get a survey done to establish the exact cause and movement. Then get a solicitor to write and ask that he deals with the matter or you will go to court.
Alex Watts : If he refuses then you can issue proceedings.
Alex Watts : You would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n16a1-eng.pdf
Alex Watts : the court will then list the matter and decide whether to make an order that he removes the tree.
Alex Watts : if the court makes an order and he refuses then he would be in contempt. He could be warned by a judge, fined or sent to prison
Alex Watts : But that should resolve the matter.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I think I understand all that I will have to get in touch with a local solicitor to take it from there thank you very much for your help

Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Happy to help