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We are a small Retirement Home and on the adjoining property

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We are a small Retirement Home and on the adjoining property there is a tree which has been dead for some time. This tree is on the boundary but in the neighbour's property. As there are numerous trees in the area with Preservation Orders we are not sure whether this tree is subject to such an order but a tree surgeon has confirmed that the tree is dead. If it came down it would damage some 6 properties in its path. We have written to the owner on 2 occasions but he has ignored all correspondence. Residents are naturally quite worried and we are wondering where we can go from here. Roy
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have written to the local council but as the tree is not on council land they have not responded. I provided photos of the tree and explained where it was situated.
Assistant: Where is the land located?
Customer: In Fleet in Hampshire.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

Due to the fact you have evidence from the tree surgeon that the tress in question is dead / a likely risk, you can demand the owner removes it at their cost. This should be within a period of 14-21 days so that they can make the necessary arrangements. I would write to them to request this and to say if the tree remains in situ after that period, you will have to apply to the local county court for an order for removal of the tree (an injunction to force them to remove it). The legal basis would be due to the fact the tree is a risk of falling and therefore a statutory nuisance, which needs to be resolved.

If the owner does nothing, the procedure would be to complete form N16A (attached) then send to your local county court in Fleet with a fee of £150 payable to HMCTS (or you can pay in person at the court counter). The court will list a hearing where you attend and ask the district judge for the appropriate order. The judge will want to see the tree surgeon's evidence and if possible photographs of the tree and the area at risk. If the judge grants the order, a copy is served on the owner who has a short time to remove the tree. If they fail to do this, they would be in contempt of court and possibly sent to prison.

I hope this helps - if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

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