Birch tree

merrydance

Hi

We are in the middle of trying to get an equity release on our house. The survey report has come back. One problem there is a birch tree near our property, the land it is on is owned by the council (open space). The company which we are borrowing from wants a report on this tree to say it's safe and will not cause any damage (to the foundations) I presume though it does not actually say this in the report.

If there is a problem is it up to the council to rectify it? Do they supply us with a written report? I have phoned and emailed the council and they are getting back to me. Just wondered if anyone else has had a problem like this. Thanks

eddddy

If you notify the council of the risk of damage from the tree roots, they should take reasonable steps to deal with it (at their expense).

If they don't take reasonable steps, they would be liable for any damage the tree causes.

Obviously, if they're sure that the tree won't damage your house, they won't do anything.

The council almost certainly won't provide you with any kind written report. I guess they would just tell you what they do/don't plan to do - either by phone, email or letter.

moneyistooshorttomention

Keep the written proof of your attempts to contact the Council and then you can prove you've "done your bit" and the onus for any problem isn't on your head.

merrydance

Hi
Just had the tree chap round from the council. As far as he can see there are no problems with the tree. Advised me that the council will not put this in writing, apparently this is their policy. Mortgage company say they HAVE to have it in writing. Where do I go from here? Advice would be welcome. Thanks

moneyistooshorttomention

Well - that's what he said. This may or may not be true.

In your position - I would write a letter (recorded delivery) to the Council stating "This is what has happened on x date...and your workman said such-and-such".

Helps to cover your backside...ie that you've done your bit.

I tend to think that if someone wont give me something in writing - then I give them something in writing (as one way of ensuring there is something in writing iyswim).

merrydance

Oh yes good idea, they'll have to reply to my letter. Thanks

Dan-Dan

You could obtain a report from a tree specialist ?
Wouldnt cost more than a couple of hundred i wouldnt have thought?

Winter_Phoenix

Two possibilities:

1. Write a letter to your mortgage company, to the effect that

"I confirm that on (date) Mr. J.H. Smith from the (whatever) Department of XXX District Council attended (address) and examined the birch tree growing on Council land adjacent to the property. He stated that, in his professional opinion, the birch tree roots posed no threat to the foundations of the house at (address).

Mr. Smith also stated that it is the policy of XXX District Council not to write to householders to confirm such matters. He can be contacted at (full Council address, telephone number and e-mail) should you wish to verify this."

2. Pay a professional tree surgeon to give you the same opinion about the tree, and to write you a letter to the required effect. Tree surgeons are usually expensive to employ, but that is because of the dangerous nature of their work. To have a tree viewed from the ground, an opinion given and a letter written, should not cost very much.

merrydance

Yes we could do that, are you allowed to get reports on trees that are not yours?

m1kjm

merrydance wrote: »

Yes we could do that, are you allowed to get reports on trees that are not yours?

Of course you can. Or you could invite a friend with a chainsaw round for tea.

Dan-Dan

Chopping the tree down could do more harm to the property than leaving it there