Council planted tree and it ruined my property!

Council planted tree and it ruined my property!

0:01 AM, 22nd June 2023, About 11 months ago 1

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Hello, I was a London resident all my life but moved with my mother to Yorkshire when she became seriously ill. As my studio flat was empty in London, I rented it out while I was in Yorkshire. When my mum died I could not return to London so I decided to keep the property as a rental. This was particularly helpful when I got cancer and was struggling financially due to being off work.

As things got worse I decided to sell the property which was valued at £260,000. Due to desperation, I accepted a cash offer of £180,00 from an investor as I originally paid £177,500 for the property and spent £20,000 on refurbishment. Just before the completion of the sale large cracks began to appear inside the property.

A quick survey was arranged and it came to light that a tree the council had planted outside the property had pushed roots under the flat and had destroyed it. As a leasehold property, the landlord is making a claim for compensation. Two days before the sale was completed my buyer said he would pay £145,000 or pull out. I would then be stuck with a property I could not sell, have difficulty renting (the survey said it was still fit for rental) and I would have to pay a legal bill for the sale falling through. I sold it, under pressure for £145,000. Apparently, the new buyer plans to make a claim for compensation too.

Can I take any action against the council as I only owned the property on a lease and lost on the sale due to the tree damage, although I no longer own the property?



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Wyn Burgess

8:11 AM, 24th June 2023, About 11 months ago

If a neigbour's or council's tree causes damage then they are strictly liable. However proving it will take much evidence from sub soil investigations and a structural engineer all of which you have to pay for. You being a lessee complicates matters as it is the FH that will be making the insurance or direct claim. I'm sorry you were forced to accept the discount, had you been able to wait 2 years the tree would have most likely been removed and the damage repaired leaving you with no significant loss.

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