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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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Property cottage Flat. ajoining property been empty for a couple

Customer Question

Property cottage Flat. ajoining property been empty for a couple of years. one tree in particular approx 3ft
from downstairs neighbour and myself's window. Wallpaper in both houses starting to crack could this be caused by roots of conifer tree which is now as tall as building and obscuring view from both our windows? Have written to Property Agents who were trying to sell same but received no reply. There is now a 'house clearance' note on external door. I am a pensioner and am really quite consered about subsequent cost relating to any damage done to structure of building. Jean
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The first things you have to do are:
1. Renew your effort to contact the owner via the agent. Do so in writing and by telephone of possible.
2. You will have to engage a building surveyor to find out what is causing the damage to your decor. Of it is the case that tree roots are causing this then you would have the right to get this fixed, even if your neighbour can't be found and doesn't respond to communications.
The legal basis for this will either be found in your title deeds, or, of not, by virtue of the common law which provides for a neighbour to act as an agent of necessity where there is an emergency situation which does appear to be the case here.
I hope this helps. Please leave a positive response so that I am credited for my time.