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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17057
Experience:  30 years as a practising solicitor.
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I am an architectural agent and have been asked by a client

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Good afternoon,I am an architectural agent and have been asked by a client for advice regarding what he terms as potentially dangerous trees located in a neighbouring property. The premises of my client and his neighbour are located in a rural hamlet in Angus, Scotland and are not located within a conservation area.The trees in question are mature in nature and due to the incidence of high autumn/winter winds in the locale my client is of the opinion that they may pose a threat to his property should they be brought down by the action of the wind upon them.From what I can gather, none of the trees in the locale are subject to Tree Protection Orders as prescribed by a Planning document that I viewed on the Angus Council web site.It is my intention to suggest to my client that he, in the first instance seek a professional opinion, by way of an arboroligist report, regarding the stability of the trees that he has concerns with prior to approaching either his neighbour or progressing matters with the appropriate department within Angus Council.I would be greatly obliged of your opinion from a legal standpoint regarding the appropriate approach which my client would be best advised to take.Thank you for your consideration,Regards,Michael Clarke
JA: Where are you? It matters because laws vary by location.
Customer: I am based in Edinburgh , however the premises that my client owns is located in Kirkton of Kingoldrum,Angus.
JA: What steps have you taken so far?
Customer: No formal approach to either my client's neighbour nor to the Local Authority has been made.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.

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.

The approach you are considering is a sensible one. Get an expert report and then approach the owner of the report says the trees are dangerous. If the neighbour doesn’t engage show the report to the council who could issue an enforcement notice. If they don’t your client will have to consider going to court against the 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 8 days ago.
Good afternoon,
Thank you for your reply which i believe will be very helpful in advising my client.
Regards,
Michael Clarke

You’re welcome.

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