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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having problems with trees at the side of my house. They

Resolved Question:

I am having problems with trees at the side of my house. They are on a section of waste land, owned by the local council. The trees are approx 40ft high, and are less than 5ft from my boundary fence.
As a result of all the debris from them, i.e. Sap, Buds, Flowers and Leaves, my roof is covered with Moss. I have complained to the local Council, and asked them to clean my roof, they have refused. It is blatantly obvious that the cause of the moss is from the trees, as all the other houses on my estate, have clean roof's.
I have contacted a local company that specialise in this type of work, and they have quoted me £1,720, as the roof requires a special type of treatment, to prevent the moss from returning.
What is the best course of action to take with the local council, and what are my chances of success, should I take the case to Court
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or 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 it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer: Thank you for your advice. I will follow your instructions, and come back to you if I need further advice. Thank's again
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