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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16868
Experience:  30 years as a practising solicitor.
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Our recently purchased property in Scotland has been found

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Hi. Our recently purchased property in Scotland has been found to have structural damage. We have comisioned a report from a tree surgeon who has found evidence of tree root damage caused by neighbouring trees, and his report recommends the trees be removed as they are too close, and need to be felled to enable the house to be underpinned. We have approached our neighbour but his initial response has been un-coperative, and stated we would need to take him to court in order to get his trees removed.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have comissioned a report from a tree surgeon and have shared the report with the neighbour
JA: Have you talked to a lawyer about this?
Customer: No, not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Juat want to understand what our legal rights are, and what we need to do to proceed. We want to resolve the issue amicably with the nieghbour, but he is being very unreasonable. Some of the trees were present before the house was built, and some were planted after the house was built, so would also like to know if that has any impact on our legal position
Customer: replied 14 days ago.
I have sent the sample report from the tree survey conducted on our neighbour's property

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Your neighbour has a legal duty not to cause further damage to your property now that the cause of the problem has been uncovered. If he refuses to cooperate you can get your solicitor to raise an action of implement in the court and seek the expenses of doing so. It doesn’t matter when the trees were planted. As they are on his land he is responsible for them and he has a duty of care to others such as you as a neighbour.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 13 days ago.
Thanks, that's very helpful. I tink I have all the information I need for you, but will let you know if I have any further questions

You’re welcome.

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