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/p...sed-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/p...sed-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.