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The local council and trees

Radfordman

Radfordman

pfm Member
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 no 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 don't want this to escalate to an expensive situation for me.

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

I have posted this query on another forum, I'm just trying to get the best way to deal with a council which at best can be described as unhelpful over many years with many residents requests and complaints.

Many thanks in advance.
 
A few dozen copper nails driven into the tree should do it, will take time but effective ;)

You can also cut any overhanging branches that are over your property.
 
The old copper nail tale. Won't work sorry not enough copper in s few nails to kill a tree.

We have had a few problem trees causing the same damage removed on my street.

Pete
 
Eyebroughty said:
A few dozen copper nails driven into the tree should do it, will take time but effective ;)

You can also cut any overhanging branches that are over your property.
Click to expand...

Thanks, but I want to be able to make the Council pay for repairing the damage to my property. The overhanging branches are above the roof level of my house, difficult to get at.
 
If the tree has been there less time than your property, then I would think that you are reasonably safe legally in terms of the tree being "at fault", and thereby the Council is responsible.

Ideally you need 20-30 minutes free legal advice from a property expert. Available online, via CAB and at many (all?) lawyers' premises.

Once you are sure of your grounds, issue a Small Claim and you are all but home and dry.
 
I'd talk to CAB.

I think you a have a huge task proving fault, and getting the council to cough up.

You'll need to pay up first for a survey etc.....though

we had a neighbour with similar tree problem on the verge, and a block paving drive. In the end the tree was cut down, but the homeowner was left with the bill for the drive. The neighbour lost in the small claim court
 
gintonic said:
I'd talk to CAB.

I think you a have a huge task proving fault, and getting the council to cough up.

You'll need to pay up first for a survey etc.....though
Click to expand...
If the Council's tree is damaging your property it is clearly the council's fault.
 
Vinny said:
If the tree has been there less time than your property, then I would think that you are reasonably safe legally in terms of the tree being "at fault", and thereby the Council is responsible.

Ideally you need 20-30 minutes free legal advice from a property expert. Available online, via CAB and at many (all?) lawyers' premises.

Once you are sure of your grounds, issue a Small Claim and you are all but home and dry.
Click to expand...

Good points, thanks. I should have thought of the CAB, I recommended a fellow pfm member to use CAB when British Gas were insisting a smart meter being the only option for a replacing faulty non smart meter unless he paid for the replacement non smart meter. CAB were very good.
 
gintonic said:
I'd talk to CAB.

I think you a have a huge task proving fault, and getting the council to cough up.

You'll need to pay up first for a survey etc.....though

we had a neighbour with similar tree problem on the verge, and a block paving drive. In the end the tree was cut down, but the homeowner was left with the bill for the drive. The neighbour lost in the small claim court
Click to expand...
gintonic said:
I'd talk to CAB.

I think you a have a huge task proving fault, and getting the council to cough up.

You'll need to pay up first for a survey etc.....though

we had a neighbour with similar tree problem on the verge, and a block paving drive. In the end the tree was cut down, but the homeowner was left with the bill for the drive. The neighbour lost in the small claim court
Click to expand...

I hope I don't get that judge!
 
Radfordman said:
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 no 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 don't want this to escalate to an expensive situation for me.

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

I have posted this query on another forum, I'm just trying to get the best way to deal with a council which at best can be described as unhelpful over many years with many residents requests and complaints.

Many thanks in advance.
Click to expand...

Have you made a clearly labelled formal complaint to the council? If not do so now, an email with Formal Complaint in the subject line will do. Wait 3 months and then report them to the Ombudsman.
 
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