Tree and wall problem !

967stuart

Posting this on behalf of a work college -

She owns a first floor maisonette in a block, hers and the ground floor maisonette both have a little garden each.

There is a wall that separates their gardens from a block of flats on the other side.

On the other side of the wall (the flats side) there are a row of trees that have visually damaged the brick wall (cracked and loose bricks).

The flats maintenance company have contacted my college and told her that the wall is dangerous and SHE needs have the wall fixed.

She has obviously disputed it and said the trees are have caused the issue and the flats are responsible for the correcting the damage.

The Flats maintenance company don't see it like that and have instructed her to get a surveyor out (at her expense) to survey the damage and the cause.

What are her rights here ? , if the damage is their fault can she have them put it right and get her money back for the surveyor ??

FYI - the maintenance company guy sounds like a unhelpful know it all.

greyteam1959

Sounds like your collegue should check her house insurance policy & see if she has Legal Assistance included, then use it.
Oh & by the way tell the maintainace guy to s*d off !!
He's trying it on big time !!

maninthestreet

So who owns the wall??

Leif

Surely if the trees have damaged the walls, then it is an insurance claim against the other flats. I think you need to take photos, and actually calling out a surveyor is perhaps not such a bad idea. But I would get the flat owner to contact their insurer first, and ask for their advice. Calling out a surveyor first might not be a good idea as the insurer might not agree to pay. They might want their own approved chap to visit.

Clearly the chap from the other flats is trying it on, doesn't want to have to claim on his insurance no doubt.

And "who owns the wall" is a good questioni. Is it on a boundary?

phill99

You mean colleague, not college.

The management /maintenance company of the flats have to prove who owns the wall. It could be hers, the flat owners or jointly owned.

If the wall is owned by your colleague, and it can be proved that the damage is caused by the trees then the flat owners would be responsible for repairing the damage. If they own the wall, then its nothing to do with your colleague as both the casue and the remedy lie with the flat owners.

If its jointly owned, then the flat owners whose trees have damaged the wall would still be liable.

However, you need to firstly establish ownership of the wall (which is different from ownership of the boundary) and then need to establish what has caused the damage to the wall. It may be nothing to do with the trees at all.

iamcornholio

Ownership of the wall and responsibility for the damage are two separate things

The owner of the wall is responsible for maintaining the wall and repairing damage, and that is absolute.

If the wall is damaged by others, then the owner is obligated to rectify the damage, and then they should pursue their costs from whoever is to blame for the damage.

Ownership of the wall should be clarified in the first instance. It will be defined in the lease

The flat owner does not have to get a surveyor out just because the management company say so, and should not give in to the management company bullying. Speak to someone higher up in management.

keystone

agree with above and its also necessary to get proof (neither hearsay nor guesswork are acceptable) that its the tree causing the damage as well rather than anything else.

Cheers