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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2965
Experience:  Dual qualified Solicitor and Attorney
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A Sycamore tree is close to our property. We own our

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A Sycamore tree is close to our property. We own our property and the tree is on a council owned grass verge. It is taller than the house and the branches overhang our property. In the Summer it is infested with something that covers our driveway and car with a sticky substance. This also covers the outdoor furniture and bins. When the leaves fall they block drains and gutters, The council says it`s a healthy tree and so plans no work on it, but says we can cut back overhanging branches at our own expense. We don`t feel this is correct , but don`t know how to proceed
JA: Where are you? It matters because laws vary by location.
Customer: Neath Port Talbot Glamorgan
JA: What steps have you taken so far?
Customer: We moved into the property in July 2015 and have contacted the council in subsequent years, each time they say they have a programme of inspection and they will get back to us, and when they do it`s the same answer, they don`t plan to do anything. We did contact our local councilor , who got the same answer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your message, if the tree is a threat to your property or is overhanging your boundary then you have two possible options one would you cut back the tree to the extent it overhangs your boundary. The other option si to bring legal action for the damage to your property such as the car. If you wish to bring an application you can apply for an injunction you can consider doing so on the grounds of trespass and nuisance. If you wish to seek an injunction you should consider using form N16A rather than form N1.
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

If you get an injunction then this can include an order to the council to maintain the tree and cut back the tree so it is no longer trespassing on your boundary or affecting your property.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Customer: replied 10 days ago.
Thank you

Glad I could help, I would appreciate if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 10 days ago.
How do I go about getting an injunction

Use form N16A, to make a claim fill this in and send it to your nearest county court. They will contact you regarding a hearing and any other directions.

Customer: replied 10 days ago.
Thanks

Glad I could help, take care.