Council Tree Damaging Garden Wall

dstaton123

Hello,

We have a super enormous tree out the front of our property. It has recently split our garden wall at the front of the house in two. I really couldn't give an damn about this, but I would really like the tree pollarded/topped whatever as it is much bigger than our house, steals all our light and is pushing up the block paving on the drive. I know I can't make the council do anything just because of light or nuisance. But what can I do? Garden walls aren't covered by Home Insurance so I can't go that route. Any ideas??

D x

Retrogamer

Wow, member since 2009 but this is your first post.

Could you perhaps take photographs of the damage to your property and email them to the council with a suggestion that if further damage is incurred then you may deem them liable? That might give them an incentive to do something.

huckster

Council are liable if they have not maintained the trees.

If the trees were planted after the wall, then they are definitely liable, as they should have realised the trees would grow,therefore damaging your wall.

As stated take plenty of pictures of the tree and damage. Try to get the council to resolve and if they are unhelpful see if your local councillors will intervene.

dstaton123

Sorry for my lack of posting, definitely a lurker on here, usually most topics are already covered so well there is little need to post a new thread.
I have tried the photos to council email, they advised me to approach their legal team, which I am loath to do as I feel I may end up with a big surveyors bill to determine the cause.

teddysmum

The roots could eventually reach the house and so cause damage.


Trees along a road near us have pushed up flagstones and tarmac making the footpaths dangerous, but seem to be ignored.

Apodemus

First step would be to find out for sure who owns the land where the tree is growing. Don't just assume that it is the council.

Sally_A

If your home insurance has legal expenses, or a free legal advice line contact them.

Firstly they will have an interest as they are insuring your home, secondly if you try to be nice about it, eg write nice letters..you could prejudice your Legal Expenses providers position and they would then not act for you.

Your Home Ins legal helpline should also be able to advise you on the wordings of correspondence, or handle it on your behalf.

chris_m

teddysmum wrote: »

Trees along a road near us have pushed up flagstones and tarmac making the footpaths dangerous, but seem to be ignored.

That happened in the road in which I grew up - until the trees all caught Dutch Elm disease, and down they came.

forgotmyname

Happened on my street also, trees pushing the pavement up and the kerbstones are no longer straight. Got letters saying essential works will be undertaken and not to park on the street on x days.

They chopped all the dodgy ones down, and then 2 months later planted new ones.... The cycle continues..

missbiggles1

Why did you buy a house with this problem in the first place - if it's that big it's obviously been there for a while.

dstaton123

We bought the house when the tree was not in leaf and also had been pollarded. At the time there was no evidence that is was pushing up the drive and the wall has only just split this year. Nothing came back on the surveyors report at the time.
Good advice about the home insurance legal team, I will try that!

Thanks