How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I have an unadopted road. There are trees on it on the other

This answer was rated:

I have an unadopted road. There are trees on it on the other side of this road to my property. The roots have affected the wall of a property attached to this road. Who is liable to remove the trees causing the damage?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing yet. Just one email correspondence with the owner of that property who is the landlord. The email advises we are looking into this further and that no responsibility is taken
JA: Where is the property located?
Customer: Bingley
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Our property is sold subject to contract

Good afternoon. I will assist with your question - be aware this is an email not chat service.

do you mean you live on an unadopted road?

and 'this wall of a property attached to this road' - so is it affecting your property?

Customer: replied 1 year ago.
Hi, that's correct, we live adjoined to an unadopted road. The road lies behind our house. A number of houses are in our position along this road. The wall I refer to is on the other side of this unadopted road behind our house. A couple of trees are planted on the opposite side of this road. Below where these trees are planted is a stone wall, which drops below the tree l. This wall is apparently in need of repair due to the root of the tree.
Customer: replied 1 year ago.
To be clear, the tree and wall are on the opposite side of this road to our back yard

Whoever owns the land on which the trees are placed is responsible for any damage in common law negligence and any nuisance in common law nuisance.

If the owner of the road is not known, then it’s impossible to bring a claim against anyone.

If the wall is dangerous you can ask building control on the Environmental Health Department at the local authority (different councils have different departments dealing with this) to serve a Dangerous Structure Notice on the owner of the wall and it will be their problem finding out who owns it.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

It's important that you use the rating service because that gives me credit.

It doesn't just give me a pat on the head! It's what gets me paid!!

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

All you need to do is press Submit.

Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you