Resident threatens legal fight in dispute over overgrown trees

A dispute over maintenance of a Fife estate is still in stalemate.

Fife Council confirmed lawyers were examining a legal agreement to determine who had responsibility, with the estate in Dunfermline a mixture of privately owned homes and social housing.

One resident of the estate, which includes Walls Place and Norton Place, is considering legal action against the council over what he says is its failure to maintain trees and open spaces.

Archie Frail, 67, said Dunfermline District Council and Scottish Homes, the predecessors of Fife Council and Fife Housing Group respectively, entered into an agreement that Dunfermline District Council would take on maintenance.

“I have had enough of this passing the buck by both groups and I have had a discussion with a solicitor and am now seriously considering asking the residents in the estate to fund legal action against Fife Council,” said Mr Frail.

Concerns include an overgrown tree near an elderly couple’s home and tree roots near properties. Ross Vettraino, SNP councillor and convener of the environment, protective services and community safety committee, said: “It is my view that tree root work is not part of normal maintenance procedures.”

He added: “Council officers are in correspondence with the Fife Housing Group, and the council’s legal team is looking into the agreement between the former Dunfermline District Council and former Scottish Homes to determine the extent of Fife Council’s liability for tree maintenance.

“I hope that officers will soon be able to provide more clarity on where the responsibility lies for ongoing tree maintenance within this housing estate, but I think it is unlikely to cover tree roots within individual properties.”

James Calder, Lib Dem councillor for Dunfermline South, has been responding to residents’ concerns.

He said there had been “some movement” and Fife Housing Group were compiling a list of trees needing dealt with.