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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Council has a number of pine trees alongside my house.

Resolved Question:

The Council has a number of pine trees alongside my house. The tree branches have now grown over my roof and I believe that the debris will in time damage my roof/wall. I am also worried that debris will impair the flue from my chimney and carbon monoxide will be forced into my house from the gas fire. The roof is very difficult to access (scaffolding required) and I can't afford a contractor to do the enhanced maintenance and inspections now needed. Access for me and my family to do the job is dangerous. The Council is refusing to prune the branches back. The trees are covered by a TPO at the moment. Can I force the Council to take action?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Sorry I meant that they aren't covered by a TPO at the moment
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you. For now please let me know whether you have had a survey done?
Customer: replied 1 year ago.
Sorry a survey by who?
Customer: replied 1 year ago.
I have had the opinion of a local builder on getting to the roof. The council have surveyed their trees
Expert:  Ash replied 1 year ago.
Ok. You should write to the chief executive of the council and make a formal complaint. That department will investigate and report back to you. If you are not happy with that response then you can seek a complaint to the local government ombudsman. They offer a free, independent service and can be contacted at www.lgo.org.uk. If the ombudsman does not find for you, then you could go to court. But the cheapest option is the ombudsman. Can I clarify anything for you about this today please? Alex
Customer: replied 1 year ago.
If I went to court do you think I would have a good chance of succeeding in forcing the Council to cut back the branches?
Expert:  Ash replied 1 year ago.
I think so yes, but only if you had a decent survey showing it was a problem.Does that clarify?Alex
Customer: replied 1 year ago.
Would my builders option act as a survey? If not what sort of expert should I use? Many thanks.
Customer: replied 1 year ago.
Sorry meant to say a report from my builder but clearly this would only be his opinion.
Expert:  Ash replied 1 year ago.
Opinion only. Ideally you want a survey.Does that clarify?Alex
Customer: replied 1 year ago.
Sorry I am being a bit thick. Surely a survey by a builder is ultimately only a professional opinion at the end of the day. I guess I thought you might be saying that the survey needs to be done by a particular expert? Like some sort of building surveyor?
Expert:  Ash replied 1 year ago.
No, you need a surveyor that is Court approved. If you Google search you can find these Court approved experts. That is what you need. Does that clarify? Alex
Customer: replied 1 year ago.
Yes thank you
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today, otherwise the site does not credit me for the time spent with you. Good luck and thanks in advance. Alex
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