A Dundee woman is facing a battle to remove a “council tree” damaging her garden – after being told it wasn’t the local authority’s problem.

Jacqui MacFarlane’s garden is being uprooted by a tree growing in a green space near her Balunie Street home.

It wasn’t until renovations were carried out at her Douglas address, that the homeowner realised the extent of the problem.

Contractors discovered huge roots underneath slabbing – which could potentially cost thousands of pounds to work around.

It was revealed any steps taken to remove the roots would by law be the responsibility of the tree’s owners – in this case Dundee City Council.

Trees in Scotland under local authority stewardship are protected by Tree Preservation Orders (TPOS) meaning they can’t be removed without legitimate grounds.

In fact, tampering with a tree, or its roots can in some cases lead to hefty fines, and in the most serious of cases a custodial sentence.

Thousands in additional works

Jacqui said the situation is very worrying as it may impact on the price of her house.

She said: “I knew the slabs were unsettled at certain points of the garden but I had no idea why.

“A neighbour was getting some renovations carried out and I decided to get the workers to come and look at my garden.

“They removed a few slabs and discovered the roots of the tree – which were sizeable.

“He said to work around it I would need to raise the whole garden – costing potentially an extra £4,000.”

After a meeting with the council’s forestry team the homeowner felt the council weren’t prepared to get involved.

Despite confirming the tree did in fact belong to them, a representative reportedly highlighted the roots were on private land.

Jacqui added: “When he came, the impression I got was they were trying to wash their hands of it.

“They said although the roots were on my land I couldn’t remove them by law as it was a council tree.

“Whilst I do agree it’s a beautiful tree, surely the council have got a level of responsibility to assist here if it’s damaging homes?

“The back garden is unsteady underfoot in a few areas, as the roots grow further into the garden.

She continued: “The council worker seemed to be under no illusions the local authority would be assisting me.

“I’m seeking further advice to see where I stand on getting them to assist me with dealing with this.

“Having this issue with the garden could potentially impact any resale value on the home.”

A Dundee City Council spokesman assured they were involved in ongoing discussions with the homeowner.

He said: “The council’s forestry team are in ongoing discussions with the resident regarding the matter.”