The tree belongs to my neighbour and is some 4.0m on her side of the fence within her garden but is directly over the foul drain that passes from my land across her land to connect into the first of a series of inspection chamber in each of the adjoining properties..... If it helps, I can draw a sketch and send a pdf to you.
No that is all I need to know.
The neighbour is responsible for any damage caused who owns the tree
What you need to do is get a professional survey done and ask the neighbour to remedy the problem, ie by cutting down or pruning the tree.
Make sure they get a copy of the report if it says your neighbour is at fault.
You need to write and set out your position and request they remove the tree within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can do this by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended the Judge will consider whether to make an order to make the neighbour cut down or remove the tree
If the Court makes an order and the neighbour refuses they would be in contempt of Court.
The Court could then warn, fine or send the neighbour to prison
Can I clarify anything for you about this today please?
Hi Alex, (The first two disappeared because I used 'enter') You have made things perfectly clear for which you have my sincerest thanks. I shall invite a party-wall surveyor colleague to undertake a survey. I believe he has the camera equipment to prepare a record of the existing condition of the interior of the drain entering via the rodding shaft to which I previously referred. I shall then follow your guidance and hope that my colleague's bedside manner prevails./