Root of the problem to be resolved

they wouldn’t touch the tree but would put some top soil in the garden. All I want is for them to remove the roots, re-landscape the garden and prune the tree – then that’s the problem solved.”

She said: “Annual inspections of the tree are supposed to be done but in my case this has not happened. As they are the owners of the tree it is their responsibility to maintain it but they constantly refuse, leaving me with a garden that cannot be used.”

However, it seems the story could soon end happily.

A spokesperson for the housing association said: “We have now got a letter from the council that we are able to cut back the tree roots to the boundary. We will be getting quotes for the work this week and consulting a horticulturist who can say how much of the roots we can cut without damaging the tree.

“We will also put down gravel and put in some raised flowerbeds so Mrs Mitchell can enjoy her garden. The issue should be resolved by the end of the month.”

Karl Battersby, strategic director economy and infrastructure at Kirklees, said: “The council has been working closely with Johnnie Johnson Housing to assist them in resolving the residents’ concerns over a number of years.

“We have advised that legally we cannot stop someone cutting the roots themselves, but should this damage the tree or indeed cause it to fall they would be liable.

“We have previously agreed to look at the roots should the patio be removed, we would be unable to comment on what, if any, root cutting could take place without endangering the tree until we had the opportunity to inspect them.”