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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5392
Experience:  Solicitor
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What is the responsibity of the Local Authority for tree

Customer Question

What is the responsibity of the Local Authority for tree root damage to my property
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

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

Did they do inspections or aware of the damage?

Customer: replied 1 year ago.
they were made aware of possible damage but insisted that I prove damage was being caused by adjacent trees and roots thereof.
Expert:  Jamie-Law replied 1 year ago.

And you can do that? Have you had a survey?

Customer: replied 1 year ago.
not had a survey but had to have drivedug up to prove root encroachment was the cause of the lifting.
Expert:  Jamie-Law replied 1 year ago.

Ok - then they are liable if they were aware of the risk or potential risk.

If they did not know or aware then they wont be liable.

But if they knew or had been warned, the damaged was caused by the tree then they are liable in the law of negligence

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
The council were informed that possible damage was a possibility but insisted that I prove the damage was caused by their property ie trees and roots, . Therefore I had an excavation of the effected area to prove the problem. The council are saying I should deal with the matter through my House insurance but surely the should be the party to contact their Insurance to pay for damage caused..
Expert:  Jamie-Law replied 1 year ago.

Yes. That is why they have been negligent

Does that clarify?

Customer: replied 1 year ago.
They Are saying That it is my responsibility to contact my Insurance in order to make a claim and possibly get a survey of the damage at my or my insurers cost is that correct.
Expert:  Jamie-Law replied 1 year ago.

You can claim through that and then the insurers can deal with the Council.

Or you can deal with the Council direct, sue for negligence and loss/damage.

Can I clarify anything for you about this today please?