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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6052
Experience:  English solicitor with over 12 years experience
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There's a tree next to our property that is on grounds

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There's a tree next to our property that is on grounds belonging to a housing association, the roots are slowly damaging our driveway, footpath, possibly our house and drains. Because it's be going on gradually for several years, our current house insurance won't consider it and the housing association says claim through the insurance.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have only contacted the housing association and our house insurance who both won't help. In time this tree could damage the house.
Assistant: Where is the house located?
Customer: Do you want my full contact details.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Because the tree's canopy overhangs our property we are constantly having to deal with bird mess on our cars and we can't avoid traipsing it into the house.

Hello,

 

You are allowed to cut back, at your cost, any overhanging branches or encroaching roots to your boundary, provided that this does not damage the tree or make it unsafe.

 

You may ask the HA if they want any of the cut branches or roots, if they do not want them back, you would need to dispose them off at your own cost.

 

May I help further?

Customer: replied 5 days ago.
The tree is so close that cutting the roots that are damaging our property would make it unstable.

In that case, I would suggest that you get a solicitor to write a letter to the HA asking them to cut the tree or admit liability for all damage caused to your property by the tree.

 

A solicitor's letter sometimes is as effective as going to court. If the HA does not act on the letter, then you may go to court.

 

All the best. Please click on 5 stars

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