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Share of Freehold - Ground floor flat trees
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lonkmu
Posts: 1 Newbie
I own the share of free hold on a ground floor flat which is one of 8 flats in a 3 storey block. The 8 flats are managed by a management company which is chaired by one of the other owners in the block.
My flat has a garden and some large trees within the boundary.
The management company is currently renovating the façade of the block as its in need of updating (this was agreed between all 8 owners) During the course of this renovation preparation we are having surveys done throughout the block to ensure there are no long term damp issues etc.
One of the surveyors has suggested we get a tree surgeon in to ensure that the roots of the trees in our garden are not impacting the foundation of the block and whether there could be potential subsidence issues later on caused by the roots.
My question is two fold 1) Is it my responsibility as owner of the garden flat to pay for the survey by the tree surgery 2) If the survey comes back saying the roots may be potentially impacting the block - whose responsibility is it to pay for the trees to be removed?
Many thanks
My flat has a garden and some large trees within the boundary.
The management company is currently renovating the façade of the block as its in need of updating (this was agreed between all 8 owners) During the course of this renovation preparation we are having surveys done throughout the block to ensure there are no long term damp issues etc.
One of the surveyors has suggested we get a tree surgeon in to ensure that the roots of the trees in our garden are not impacting the foundation of the block and whether there could be potential subsidence issues later on caused by the roots.
My question is two fold 1) Is it my responsibility as owner of the garden flat to pay for the survey by the tree surgery 2) If the survey comes back saying the roots may be potentially impacting the block - whose responsibility is it to pay for the trees to be removed?
Many thanks
0
Comments
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What does your lease say?I am not a cat (But my friend is)0
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Your lease should say whether maintenance of the garden (and therefore the trees) is your responsibility.
Assuming the garden/trees are your responsibility, the law says you must not act negligently...Somebody has raised concerns about the trees. Ignoring those concerns might (or might not) be negligent. If you are negligent, and the trees cause damage as a result of the negligence, you will be liable for that damage.
But ultimately, it would be your decision whether you get a survey, and you would be liable for the costs.
But if the lease says the freeholder is responsible for the garden, then the freehold company has the above responsibilities.0
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