Thank you very much for the clear reply.
We did not want to jeopardise our claim and risk losing it on a technicality of not following proper notification to the right persons prior to making a claim.
This is what we sent to him in January 2015, in the initial stage, where he had asked us to outline our concerns in writing.
We would appreciate your advice as to whether, this would be comprehensive enough particulars for us to put on the N16A?
It was indeed good to talk earlier in the week. I am certain that we will be able to resolve this both amicably and swiftly and at the lowest cost.
By way of background ,from "our side of the fence" , so to speak.
- My 83 yr. old Mother has owned and lived in our property since the early 1960's.
- She therefore is the one person who knows the history of the tree, from the time when it wasn't there at all through to watching it grow over the years to its present size.
- As I mentioned on the phone, she is registered disabled suffering from severe arthritis that seriously affects her mobility.
- She greatly enjoys the garden and is keen to continue to tender it for as long as she possibly can.
- The tree roots have raised the crazy paving path that runs parallel to the fence and this means it is now very unsafe for her to use the path.
- The Tree Specialist we consulted, (see his quote attached) confirmed that the roots on these conifers are very shallow.
- Hence for us to replace the path to make it safer for her can only be a temporary measure, as if the tree remains in situ and continues to grow, the new path would be similarly damaged.
- The Specialist further advised that due to the shallow roots, in given severe weather conditions the tree is at risk of falling over.
- He also strongly advised against pruning or lopping as this only encourages further growth.
- My Mother had the whole length of the fence replaced in December 2010.
- I'm sure that you will agree that the attached photos (see Word Doc attached) demonstrate that the tree has now caused damage to the fence since it was replaced.
- The tree trunk is now firmly hard against the lower Arris rail and has caused the gravel board to be pushed out of alignment by approximately 50mm.
- Bearing in mind that in 2010, when the fence was replaced, the girth of the trunk was approximately 2-3 inches clear of the bottom Arris rail. This then demonstrates the speed of growth of the tree and so we can anticipate that this section of our fence would be fully destroyed by the tree within the next 5 years if it remains in situ.
- The base of the tree will then also clearly extend over our boundary property line which would mean that replacement fence would have to be built around the tree, thus impacting on the established boundary lines.
I'd very much like to confirm that you are very welcome to come round and take a look at the impact that the tree is having on , the path, the fence and how the overhang of the branches does affect enjoyment of the garden for my Mother , as during the nicer weather, it pretty much casts shadows across large areas of the garden at all times of the day.
- Please see the Quotation we received from the Tree Specialist and his recommendations and assessment of the tree.
- I note that you mentioned your concerns regarding privacy between the gardens for your tenants. We are happy to hear the details of the concern, however, I’d like to draw your attention to the fact that all lower branches have been removed from the tree by either the tenants or landlords of your property at some point in time, up to a height of 10ft.
- Therefore, we’re not sure how the tree offers any privacy for either garden.
I hope the above and the attachments provide enough info at this stage for you to consider. It remains our view that the only solution is to have the tree felled and the remaining trunk killed off to prevent any re-growth.
Given that I will have to incur costs to have the fence repaired, and spend money on some solution for my Mother to be able to walk safely in the garden, both of which I am unable to do whilst the tree remains in situ, I am willing to contribute 20% of the cost to have the tree felled. Given of course, that the final costs don’t exceed the cost of the quotation we sought.
Once, again, I’d like to reassure you that we are keen to reach an amicable and mutually beneficial resolution and we welcomed your suggestion to have everything in writing.
Look forward to hearing from you when you’ve had time to look through all the above.