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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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I have an unadopted road. There are trees on it on the other

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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.

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Thank you.

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

Best wishes.


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