The local council and trees

[spendorman]

I looking for some advice here.

My house was built just after WW2, I have just bought it from my late parent’s estate. About 12 years ago I reported to the local council that a tree in the road was damaging our boundary wall. There is a history of several other trees that used to be nearby also damaging this wall (quite a long wall), but there was not contact by us to the council.

The council denied any responsibility and said that the wall was not built properly to the latest regulations.

Now the tree has damaged the wall further, and the roots have entered my garden under the wall and is lifting the patio a fair amount and has destroyed part of a dwarf wall.. The tree is so tall it’s branches overhang my house gutters, and drops it’s leaves in them, I believe causing further problems.

A surveyor will charge for a report I don’t mind paying for this if I can definitely reclaim from the council.

I would like a simple and effective way of dealing with the council. For various reasons I cannot claim on the house buildings insurance.

Many thanks in advance.

[Made in 1968]

Not much help im afraid but me being me i would cut the tree down unless they did something about it. Its clearly getting unsafe by the sounds of it.

[struth]

A tree is the responsibility and property of the landowner on whose land it is growing, and that landowner may be liable for any damage caused by the tree. ... If a tree is growing on a public footpath or highway the local council is responsible for any damage caused by the tree or its roots.
If a tree is growing on a public footpath or highway the local council is responsible for any damage caused by the tree or its roots. This is true whether or not the council actually planted the tree — even if the tree self-seeded or was planted by someone else.

You could employ an arboricultural contractor to examine the tree and your wall, and to report on the situation. If, in the opinion of the arboriculturist, the damage has been caused by the tree roots, then with the permission of the arboriculturist you could submit that report to the council to support a claim in respect of the damage to your wall.

Alternatively you could contact your buildings insurers and ask them to investigate the damage and collect evidence to support a claim against your local authority on your behalf.

https://www.homesandproperty.co.uk/property-news/legal-qa/is-it-my-responsibility-to-repair-the-damage-the-tree-has-caused-30459.html

[spendorman]

Not much help im afraid but me being me i would cut the tree down unless they did something about it. Its clearly getting unsafe by the sounds of it.

Lol! I'd be tempted, but I don't want free board and lodging at HMP!

[spendorman]

A tree is the responsibility and property of the landowner on whose land it is growing, and that landowner may be liable for any damage caused by the tree. ... If a tree is growing on a public footpath or highway the local council is responsible for any damage caused by the tree or its roots.
If a tree is growing on a public footpath or highway the local council is responsible for any damage caused by the tree or its roots. This is true whether or not the council actually planted the tree — even if the tree self-seeded or was planted by someone else.

You could employ an arboricultural contractor to examine the tree and your wall, and to report on the situation. If, in the opinion of the arboriculturist, the damage has been caused by the tree roots, then with the permission of the arboriculturist you could submit that report to the council to support a claim in respect of the damage to your wall.

Alternatively you could contact your buildings insurers and ask them to investigate the damage and collect evidence to support a claim against your local authority on your behalf.

https://www.homesandproperty.co.uk/property-news/legal-qa/is-it-my-responsibility-to-repair-the-damage-the-tree-has-caused-30459.html

Where would I find a good arboricultural contractor? I cannot claim on the insurance, or even contact them for various reasons.

I do have a survey on the house done about 2 years ago that indicates that damage may have been caused by this tree.

[struth]

yellow pages, internet i guess..http://www.myerstreeservices.co.uk/

[Macca]

Are the tree roots lifting the pavement outside the house? If so call ambulance chasing law firm and claim you tripped on them and sue the council for damages. Council will settle out of court and then send some men round to chop the tree down so no-one else can pull the same trick.

That's how it works round here and now we have no trees.

[spendorman]

Are the tree roots lifting the pavement outside the house? If so call ambulance chasing law firm and claim you tripped on them and sue the council for damages. Council will settle out of court and then send some men round to chop the tree down so no-one else can pull the same trick.

That's how it works round here and now we have no trees.

Yes, pavement has been lifted by the roots, council replaced the pavement with tarmac.

[Pigmy Pony]

I was going to suggest drilling holes in the trunk and filling holes with diesel, but Macca's idea sounds so much better :)

[struth]

I was going to suggest drilling holes in the trunk and filling holes with diesel, but Macca's idea sounds so much better :)Probably fall on his house. Lol.

[hifinutt]

you may not be able to claim on your house insurance , but you may have legal cover with that insurance . claiming on that might be an option for legal help

[Made in 1968]

Some reading here. I guess the same applies

http://www.problemneighbours.co.uk/what-are-rights-regarding-neighbours-trees.html

[mikeyb]

HiViz waistcoat, hard hat, power saw and get out there and cut it down, people will think they saw the council do it [emoji6] [emoji23]

Oh and a clipboard and smartphone to take photos before and after, that’s the Council way [emoji106]

[Macca]

Don't forget to close the whole road off whilst you are doing it, especially if there is no need to. And it should cost you a ridiculous amount of money, say ten grand. That's the full Council experience.

[mikeyb]

Don't forget to close the whole road off whilst you are doing it, especially if there is no need to. And it should cost you a ridiculous amount of money, say ten grand. That's the full Council experience.Damn forgot about that, good idea [emoji23]

PS: needs to be installed about 2-3 weeks before any works starts [emoji6]

[Made in 1968]

Don't forget to close the whole road off whilst you are doing it, especially if there is no need to. And it should cost you a ridiculous amount of money, say ten grand. That's the full Council experience.

Dont forget to get three of your mates dressed the same just leaning on a shovel watching you work. 100% Convincing council job then.. & most important have a 3 hour dinner break

[struth]

even better, have them just stand staring at the hole you dug for an hr, occasionally shaking their heads, then off for tea break.... back out and more discussions re the hole;)

[mikeyb]

even better, have them just stand staring at the hole you dug for an hr, occasionally shaking their heads, then off for tea break.... back out and more discussions re the hole;)[emoji23]

[Made in 1968]

We have the council at the back of us demolishing an old 5 mtr square storage outhouse, no word of a lie, there is four of them, its taken two weeks. They have a dumper truck & mini excavator, It should have taken one day max.. im not kiddin' when i say 3 Hour dinner breaks.

[mikeyb]

We have the council at the back of us demolishing an old 5 mtr square storage outhouse, no word of a lie, there is four of them, its taken two weeks. They have a dumper truck & mini excavator, It should have taken one day max.. im not kiddin' when i say 3 Hour dinner breaks.The problem with council workers is that they get given a timescale to do the job in, they take this to the max as there's no point doing it quicker, you just get sent to another job earlier [emoji6]
on.

Pal of mine used to get 3 weeks to paint the Fire Station where I was based, they could it in 10 days, but as he said what's the point, we get hot rolls for breakfast, hot meals at lunchtime and there's a pool table and tv, couldn't blame him really

[spendorman]

Some reading here. I guess the same applies

http://www.problemneighbours.co.uk/what-are-rights-regarding-neighbours-trees.html

Some useful stuff here, thanks.

[spendorman]

you may not be able to claim on your house insurance , but you may have legal cover with that insurance . claiming on that might be an option for legal help

Unfortunately I cannot make use of the buildings cover or any legal cover that might come with it.

[Pigmy Pony]

HiViz waistcoat, hard hat, power saw and get out there and cut it down, people will think they saw the council do it [emoji6] [emoji23]

Oh and a clipboard and smartphone to take photos before and after, that’s the Council way [emoji106]

But you can't do it alone - to really look like council you'll need four of your friends similarly attired, stood there watching you ;)

[Pigmy Pony]

Dont forget to get three of your mates dressed the same just leaning on a shovel watching you work. 100% Convincing council job then.. & most important have a 3 hour dinner break

Damn, sorry about that Andre, just seen your post - great minds and all that...

[Macca]

One thing that has been forgotten is the risk assessment that needs to be done before the job even starts. That would probably be contracted out, so charge yourself - and you can just pull a figure out of the air for this sort of thing, the council will sign off the receipt without a second glance - 2 grand let's say.

You just need to show up at the potential site, tick a few boxes on a check sheet and write a comment that makes it look like you did something. 'Parked vehicles may be an issue', for example, and you're done. Make sure to wear a hard hat and hi viz even though it is just a normal suburban street and work won't even start for 4 months.

[spendorman]

Been searching my PC for a photo taken from my bedroom window a few years ago, eventually found it. Can anyone spot the odd man out!

https://live.staticflickr.com/65535/49657490873_321521c6d3_b.jpg (https://flic.kr/p/2iE4BZK)Men at work (https://flic.kr/p/2iE4BZK) by A60man (https://www.flickr.com/photos/41679262@N02/), on Flickr

[struth]

white hats.. they dont actually work.. they just watch..:rolleyes:

[Pigmy Pony]

My hard hat's white, but I've clearly been using it wrong all this time. I need to buy me lad an orange hat, and remember to bring my Kindle to jobs

[Macca]

If it wasn't for the savage tory cuts they'd have been able to afford to have at least a dozen blokes to stand around doing nothing. And have a mobile canteen on site. Or is that just out of shot?

[spendorman]

Been searching my PC for a photo taken from my bedroom window a few years ago, eventually found it. Can anyone spot the odd man out!

https://live.staticflickr.com/65535/49657490873_321521c6d3_b.jpg (https://flic.kr/p/2iE4BZK)Men at work (https://flic.kr/p/2iE4BZK) by A60man (https://www.flickr.com/photos/41679262@N02/), on Flickr

I forgot to mention, the new surface of the road caused a cloud dust to be raised every time a vehicle went past, also loose grit with tar was was trodden into peoples houses causing damage to carpets and hard floor finishes. There was nothing wrong with the old surface. It took a massive effort by several residents to get the new surface removed and a proper surface installed, even when this was done, it still had faults, like blocking the the drain grids in the road, causing flooding. It took another great effort by the residents to get this rectified.