Neighbours tree pushing wall over !

bloodnok

My Mums neighbours huge conifer ( approx 30 foot plus high ) has pushed against her wall and has caused it to crack mainly in two places to the right and left of it looking at it from her garden.
This means there is a chunk of wall approx 6 foot high and 15 - 20 foot wide leaning into her garden by about 2"........I'm sure it won't be long before that slab of wall falls into the garden as you can actually feel a lot of movement in it if you push it.
My Mums 89 now, and has mentioned it on numerous occasions over the last two years, when it became obvious the wall was starting to crack, but after initial concern on the neighbours part, absolutely nothing has been done, and we've heard fron other neighbours that he has no intention od doing anything about it.
We did send a recorded delivery letter to him asking what his plans were etc but it was totally ignored
If anybody else has had a problem similar to this or can give any advice as to how to get this problem resolved I would be very grateful.
I don't know if we can legally force him to sort it out.
I thought my Mums insurance may be able to help but they said it wasn't covered.
If somebody is near the wall when it falls, it could cause serious injury.
Please help !
Thanks

Doozergirl

I'm surprised your mum's insurance said it wasn't covered! It should be?

If insurance isn't for that, then what is it for?

Does she have legal cover with it? Perhaps they could look into it for her.

Gloomendoom

I had a similar situation, only it was my tree. Neither my, nor my neighbour's, insurance covered rebuilding the wall.

Rebuilding the wall was going to be expensive and my neighbour had his house on the market so, in the end, we took the wall down and replaced it with a fence.

magpiecottage

I believe the damage caused by the tree constitutes nuisance and the owner of the tree (i.e. the neighbour) is liable.

You can send a letter to him telling him that as he has been negligent in failing to control the tree, you intend to sue him for the cost of repairing the tree and recommend he passes the letter to his insurers.

You could also check with the Land Registry to see who the mortgage lender is (you need the registry entry, NOT the plan) which costs £3 online.

Then copy the lender in and ask them to pass it on to the insurer.

iamcornholio

I too, am suprised that this is not covered by buildings insurance. It normally would be. Have you actually checked the policy schedule rather than just asking the insurers?

A tree owner is always responsible for damage caused by the tree or its roots.

If you get no joy from the owners, then don't mess about and make a claim in the county court for the costs of repairing the damage - which will include the requirement to remove the tree to prevent further damage. You will be successful. You can do all the work of making the claim yourself, and no solicitors are involved

You can do it via www.moneyclaim.gov.uk.

A report from a suitably qualified person will assist you as will some quotes for renewal of the wall. These costs should be added to the claim and can be recovered.

The owner of the tree will (if he has any sense) pass the claim to his insurers and they will deal with you directly to try and prevent this going to court and incurring furhter costs. Don't accept their first or second offer unless these cover all your costs - and a new wall (not a repair)