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Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I would like to return to the issue of our tree being

Customer Question

Hello, I would like to return to the issue of our tree being unlawfully damaged, as discussed with Ross Miller last week. I need advise quickly as to how to proceed to protect the tree until an investigation takes place. The tree is under daily threat still.
Can lawyers on this forum write emails to third parties on my behalf or only correspond through this just answer ?
Submitted: 10 months ago.
Category: Property Law
Customer: replied 10 months ago.
Can you write emails on my behalf to a third party or only correspond on this site ? Thank you.
Expert:  Nicola-mod replied 10 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 10 months ago.
Hello Nicola,
Yes please I do need a response , particularly as I have now paid for this week.
I did not realise it would immediately take £40 for another 7 days , I cannot afford much more of this expense so hoping for useful responses and help with the case. Is there a solicitor who can help ? If not I need to cancel just answer and find a different route. Please advise. Is my question clear enough? Do you have a colleague who specialises in trees in Scots law ? I hope so !
Customer: replied 10 months ago.
We are a group of neighbours who overlook the tree from our gardens and flats. The owners were all in favour of saving the tree, now seem taken over with ideas of insurance etc
Expert:  Ross Miller replied 10 months ago.

Hello again, I hope you are well, we had chatted about this previously but sadly due to illness have been offline for a while and now noticed you were looking for further help. Can you let me know what additional advice you are seeking?

Expert:  Ross Miller replied 10 months ago.

Are you still looking for help with this matter?

Customer: replied 10 months ago.
I am
Customer: replied 9 months ago.
Hello do you have any advise please about how we could save this tree without the expense of taking the matter to a civil court which we cannot afford?
Customer: replied 9 months ago.
How do people make a case for the illegal damage a tree, do you know ? Thank you.
Customer: replied 9 months ago.
to a tree
Expert:  Ross Miller replied 9 months ago.

In order to make a claim for damages caused then I am afraid you would have to engage with a solicitor. However as this is such a large matter for the community you would be advised to look at other ways to pay for the legal fees, this could include, a public fund, council funding, crowd funding (by the people involved) additionally you could call round some of the larger firms and see if they would be willing to take on the case as a "pro-bono" case. however, ultimately you will have to engage with a solicitor. In respect of "saving" the tree then you will have to approach your local councillors and have a Tree Protection Order granted. this means that the damage which has been done to it in the past cannot be repeated. If you struggle with this then I would suggest making a petition to your local councillor/MP and making it quite a public issue. You will most likely find this easier than looking at taking actions for what has happened and be able to prevent what 'Could" happen.

I hope this information has helped. You can find a local solicitor who deals with this on the law society of scotland website.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards