A woman looks to have won her three-year battle to stop tree roots damaging her garden.

Annemarie Mitchell, 37, of Lady Lane, Dalton, said she had been complaining repeatedly to Kirklees Council about the tree behind her back garden.

She said the tree, which is alongside a footpath at Alton Avenue, had not been pruned for several years while its roots had broken through the surface of her lawn and shifted paving flags, making her garden unsafe to use.

Her housing association, Johnnie Johnson Housing, had been in contact with Kirklees and a surveyor had stated that the roots needed removing and the tree needed pruning, but Kirklees had refused to carry out the work.

Now the Cheshire-based housing association said the council had consented for the tree roots to be cut back.

Tree roots breaking through the garden of Annemarie Mitchell's property at Lady Lane, Dalton

Annemarie, who moved into the property in 2009 and lives there with her partner and daughter, said: “When we moved in, the tree was pruned and it wasn’t a mess.

“My garden was fine. It was all level and usable, but over the years I have been living here we started to notice problems as the tree got bigger. Then we started to notice damage caused by the roots.”

She said the council asked the housing association three years ago to provide proof that the roots were lifting the patio. A number of paving flags were removed and a surveyor confirmed the damage and the cause.

Annemarie said: “Kirklees agreed to tackle the problem, but then they said 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.

The Kirklees Council-owned tree behind Annemarie Mitchell's garden at Dalton

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.”