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Problem tree/bush on neighbours property

2

Comments

  • Colincbayley
    Colincbayley Posts: 579 Forumite
    Part of the Furniture Combo Breaker
    tbs624 wrote: »
    Colin have you visted Sandbanks in Dorset recently? ;)
    It wasn't me, no one saw me do it, you can't prove anything! :p

    :beer:
  • tbs624
    tbs624 Posts: 10,816 Forumite
    OP - download the property owners info from the Land Registry - cost you 4 quid. Get this in writing to him/her asap: if you have already done that write again listing out your further attempts at resolve, via LA/T.

    A House of Lords appeal case for you, on the roots issue, a "continuing nuisance" in legalese - http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm

    Your buildings insurance cover may be able to offer you some help on getting an expert report done

    See also here
  • redlady_1
    redlady_1 Posts: 1,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 28 September 2010 at 4:52PM
    I am hoping that once I state my case in writing he may be reasonable. If not, I will kill them both!* I am not prepared to suffer because of a bloody tree!

    I dont want to alert the building insurance about the possible subsidence issue. They did pay out for the drains surprisingly but refuse to give me a copy of exactly what was done on the property (odd again!)

    The properties are very old and oddly interlocked so everyone has an impact on everyone else.
  • mustrum_ridcully
    mustrum_ridcully Posts: 1,453 Forumite
    Seriously TALK/WRITE to the owner of the house next door. Do they even know the tree is causing a problem?

    If you start acting like a neighbour from hell you might find out how having a rented property next door can make your life total hell.
    "One thing that is different, and has changed here, is the self-absorption, not just greed. Everybody is in a hurry now and there is a 'the rules don't apply to me' sort of thing." - Bill Bryson
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Make sure you take good pictures of the problem.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • redlady_1
    redlady_1 Posts: 1,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes they do know the tree is a problem and have refused to remove it. However, this is all third hand from the letting agents which is why a letter is going in to the owner. The actual tenants are lovely.

    I just wondered where I stood from a legal point of view.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    From a legal point of view your neighbour's planting is causing damage to your property. In the event of needing repair work done to the cellar you would have a pretty good case for charging them for it
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Owner's address via the LR - today - letter sent - moving forward! :wink:

    LAs are neither use nor ornament:deal direct.
  • Enterprise_1701C
    Enterprise_1701C Posts: 23,414 Forumite
    Part of the Furniture 10,000 Posts Photogenic Mortgage-free Glee!
    Is it let out at the moment? When next door moved out (pushed rather than jumped) a conifer in their garden that was causing problems in our mysteriously got cut down ...............
    What is this life if, full of care, we have no time to stand and stare
  • SailorSam
    SailorSam Posts: 22,754 Forumite
    10,000 Posts Combo Breaker
    You can do a link on here there is a section that gives details of the legal ins and outs for root damage
    boundaries Garden Law advice on fences, trees and boundaries
    Liverpool is one of the wonders of Britain,
    What it may grow to in time, I know not what.

    Daniel Defoe: 1725.
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