Advice needed on taking action against the council

Advice needed on taking action against the council

Postby III » Thu Feb 16, 2012 3:28 pm

Hi - I'll try to keep the details brief to begin but could use some advice on the best steps for taking against again my local council after a tree on council land has damaged my garden wall.

Summary:
- A tree on council land naturally started growing within a few inches of my garden wall
- As it grew I realised it might be a problem and contacted the council asking them to remove it (4 years ago) - they did nothing
- I contacted them again a year ago and they did remove it by which time the base of the tree was already about 1 foot diamter and in direct contact with the wall
- Now the wall has cracks and is starting to lean over by where the tree was

As its the garden wall and not the house I'd rather not invovle my house insurance if I can, I'm not even sure if that covers garden walls. I have sent one letter to the council advising them of the problem, including details and photos and requesting they rectify the situation - I asked for a response within 7 days and now 2 weeks later have heard nothing.

So what are the best next steps for me and in what order? I was considering some of the following but not sure where to start:
- Send another letter informing the council I will be seeking legal advise to pursue the issue
- Commission a report from a aboriculturist - although can they determine much if the tree is on council property without getting consent first?
- Commission a report from a building surveyor on the cause of the damage
- Get a quote from a builder for putting right the damage (repair or rebuild)
- Get legal advise - perhaps from my insurance legal cover

Thanks in advance
III
 
Posts: 3
Joined: Thu Feb 16, 2012 3:14 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Advice needed on taking action against the council

Postby Treeman » Thu Feb 16, 2012 5:39 pm

Do you have proof that you sent the letter 4 years ago?
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Advice needed on taking action against the council

Postby III » Thu Feb 16, 2012 5:49 pm

Thanks for the quick response :)

I phoned and have their response letter - says that the trees are not causing a danger to highway users so they will take no action (county council)
And shortly after an email to the district council - their response is that they will forward it to the tree officers to deal with - no further response or action from them on that one.
III
 
Posts: 3
Joined: Thu Feb 16, 2012 3:14 pm

Re: Advice needed on taking action against the council

Postby Treeman » Thu Feb 16, 2012 6:11 pm

That’s good news, now you need to prove that the tree did the deed (a report will probably be needed).

Add report to correspondence and bob is your mothers brother.

In the first instance ask them to investigate and cite the previous correspondence. Tell them that you reserve the right to reclaim any costs (investigation, reports and suchlike). If that gets no joy get a report and set a lawyer on them.

PS most insurers exclude garden walls and suchlike but check your policy.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Advice needed on taking action against the council

Postby III » Thu Feb 16, 2012 6:35 pm

Thanks - who would be the most appropriate professional to comission a report from?

Do you suggest I send another letter first signalling my intention before getting a report?
III
 
Posts: 3
Joined: Thu Feb 16, 2012 3:14 pm

Re: Advice needed on taking action against the council

Postby Treeman » Thu Feb 16, 2012 6:43 pm

Since it is damage to masonry I would go with a structural engineer rather than an arborist.

Send the first letter reserving the right to recover costs, it will help later when you want to recover the cost of any reports.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am


Return to Roots

Who is online

Users browsing this forum: No registered users and 3 guests