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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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There is a tree growing on the pavement that is the responsibility

Customer Question

There is a tree growing on the pavement that is the responsibility of the local authority ( Kent)
I believe the roots have grown under my driveway and pushed up the concrete and damaged the driveway.
There is clear cracking from the tree to my driveway.
The local authority said I need to prove that the roots belong to the tree.
How can I do this?
Thank you
Submitted: 4 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 4 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this. Ipf the tree is the responsibility of the local authority -and it probably will be if it is growing on a public pavement- then if the roots are damaging your property the authority may be responsible for taking action.

JACUSTOMER-vxjqcn5y- : Hi
JACUSTOMER-vxjqcn5y- : i know that and the council have been out to investigate. There is no issue with the council owning the tree. They said I need to prove that the roots that have damaged my driveway belong to their tree... How do I do that
LondonlawyerJ :

if you give me a moment I will just double check who the right type of expert is.

LondonlawyerJ :

Which part of Kent do you live in?

JACUSTOMER-vxjqcn5y- : broadstairs , Thanet
LondonlawyerJ :

I just spoke to a company called Tree Craft who are based in Sevenoaks I described a similar situation to yours (in Tonbridge) and they would be happy to come round and look at the tree ad give you a quote for free if a report was necessary this would be about £200.00 Their number is 0800 151 411. A fully qualified surveyor might be able to give a more definitive report but I very much doubt that they would do it for that price. Also you may be able to get some decent advice front he tree guy verbally when he comes round. I bet al the tree survey companies would be willing to do this. If you want to call Tree Craft give it to next week as they may think it odd getting to very similar calls in a short space o time.

Once you have got your report of it helps send a copy to the council requesting they fix the problem.

Expert:  LondonlawyerJ replied 4 years ago.
More local to you although I have not spoken to them are: Elite Arborists 01227 493285, R J Broadley Tree Surgery
01843 825190 and D Parr Tree Surgeons & Fencing Contractors
01227 361010. I am not recommending any of these just giving you local suggestions you can contact yourself.

Hie this has answer has been helpful