Poplar roots damaging property.

[treequip]

The damage is an actionable nuisance and an injunction to abate will do the trick.

 

Under most circumstances your common law right to self-abatement would be the way to go and the wigs may well wonder why you didn’t take this option (an injunction is not a trivial thing in the eyes of the law)so you would be wise to make mention of the possible detrimental effects that contra indicate self-abatement in your report.

[Pommie]

Firstly, is there a TPO on the tree?

 

Secondly, if not the neighbour is entitled to remove any roots growing into their property. If this is likely to make the tree unstable then she should inform the owner of the tree what they have done,then it is up to him what action he takes to mitigate the risk.

[Bundle 2]

Cheers Andy.

Pommie...Id hope folk are able to navigate their way through the minefield of rights etc without having to resort to severing a root...and THEN, letting the owner know. Not saying you are wrong but that there are ways of doing things, even when dealing with difficult and unhelpful members of the public.

Then again..I am a part of the "problem sector" so yeah... do what you like!

Edited October 16, 2010 by Bundle 2