Root damage

Banquo

I'm completely new to this and not sure if I have even posted in the correct place so if I need putting right then please feel free .


Any advice would be really appreciated.

Chunks

Thinking about this logically if a link can be established that the tree caused the wall to fail then it 'might' be an insurance issue (need to check the policy to ensure that the wall is covered - it is your property in the broader sense) or, if you want to be compensated, a legal case against the neighbour might be brought. An arboricultural consultant (tree care specialist) or a building surveyor might be needed to support the claim/case. If you're lucky, the neighbour/his insurance covers the rebuild cost etc. Clearly thereafter your luck may change again when your neighbour decides to exact 'revenge' but that will be the subject of a different post.

Good luck to you, I hope you sort it.

daveyjp

Why are you assuming it is your boundary wall? Do the deeds definitely indicate it is yours?

Banquo

I checked our deeds and there's a ground plan from 1963 that has the 'T' mark on showing that it's my boundary to maintain. I'm assuming that this doesn't change? Their properly wasn't built until, I think, around 1978.

jojo_1982

I'd speak to the neighbour and explain that it was definitely the tree that caused it, and see if they will be willing to pay towards the cost.

Banquo

I guess that is the best first step.

cyclonebri1

The fact is that it's your insurance that will have to pay, provided you are insured for such issues, It won't be his.

I've been in this situation and the over riding factor is that you have to insure your property not him. Had a person been injured then it would be different.

Look, he's talking, he knows there is an issue, he has said the tree needs to come out. Tell him the issue with the builders. The best you can hope for is that as his and your boundaries are compromised, he will do his bit whilst unfortunately you have to pick up the rebuild bit.

(ahem). I had a similar issue. Like you my boundary is a retaining wall to stop the neighbours property becoming mine. They too had a tree right up to the wall, it was part of the reason the wall was leaning. One morning the tree had keeled over inexplicably, :o, PM me if you don't understand.;)

Banquo

Thank you everyone

System

Unless you want to rebuild the wall don't bother. You don't have to. You can just put up a cheap bit of fencing if you wish or nothing at all

Banquo

I might just do that then and plant some bushes in front of it

carefullycautious

I would be saying to him that when he pays to have the tree removed you will then decide whether to have the wall rebuilt or put fencing up.

Surely he is liable if his tree has come down and damaged your property?

Try Gardenlaw website for more info