root damage

debsue

Hi, I have been in my home just over a year, although I previously lived there with my husband until 5 years ago, when I moved out. He died last year so I moved back in.

I have had some problems with my neighbour, but we choose just not to speak to each other and our lives are fairly peaceful.

Last week I had a letter posted through my door informing me that a tree on my driveway had damaged her boundery wall ( a breeze block wall) as the roots had come through and caused it to crack.

I understand that I will have to pay for the damage, so trying to be amicable and neighbourly, I approached her and she said she knew a builder who she had already contacted and was calling to look at it.

Bearing in mind that the wall has been there since the 70's, she has hit me with a bill for £750, which I really cannot afford. Does she have the right to make me replace it, I thought I just had to pay for repair? I am going to speak to my insurance tommorow, but any thoughts or advice gratefully received.
Deb

MadelinesMum

I would suggest getting a tree survey to assess whether it is actually the tree causing the problem. Also, they could advise you whether the tree could / should be removed. The survey would probably cost about £250 and my neighbour recently had a large tree removed, costing £500.

I don't think your insurance would be able to help, depending on what cover you have, usually it would be your neighbour that would claim but I think it's a grey area as it is not deemed as an accident but has happened over time and many policies ask if there is a tree within so many metres of your property.

Good luck.

martin.cat

I don't know any better but would house insurance cover any liability?

specialboy

Who's wall is it? Is it definately belonging to next door? It's been there for 35 years so you shouldn't have to pay for betterment only a repair if that is possible.

moneyistooshorttomention

£750 does sound to me like "repair" and not "betterment", so I think OP would be best not to hope that this is for anything other than repair.

I don't think there's any point either in hoping the insurance company will pay, partly because the tree is "within x meters of her house" I would think and certainly very close to the wall by the sound of it. Partly because this would probably count as "reasonably foreseeable" and be accounted by them as "normal maintenance work" rather than an unexpected bolt from the blue.

Not good news for OP, but that's what it looks like to me, so I think it best not to cherish false hope and to focus on how the money can be raised (eg whether there is a cheaper firm that would do the work to the same standard).

jc808

hang on

wall there since 70s

tree there how long?

if longer, why did your neighbour build a wall next to a tree with insufficient foundations?

debsue

The wall is single layer and about 2 or 3 breeze blocks high, I am sure it could be repaired, I think she wants me to pay for a new wall. The insurance said no (I was expecting that).

. I have asked her for a written breakdown of the costs from her builder and have asked an inddependant builder to come and look at it for me in a view to repair.

I feel that is all that i need to do, not buy her a new wall! If I had run into her 56 plate car, I wouldnt have to provide her with a 64 plate car would I?, and the wall is over 30 years old!

Thankyou for your replies.

dacouch

debsue wrote: »

The wall is single layer and about 2 or 3 breeze blocks high, I am sure it could be repaired, I think she wants me to pay for a new wall. The insurance said no (I was expecting that).

. I have asked her for a written breakdown of the costs from her builder and have asked an inddependant builder to come and look at it for me in a view to repair.

I feel that is all that i need to do, not buy her a new wall! If I had run into her 56 plate car, I wouldnt have to provide her with a 64 plate car would I?, and the wall is over 30 years old!

Thankyou for your replies.

The Insurance have almost certainly said no as you have no legal liability to the neighboor eg you've thus far not acted negligently.

specialboy

#6 raises an interesting point, what was there first? The tree or the wall?

moneyistooshorttomention

jc808 wrote: »

hang on

wall there since 70s

tree there how long?

if longer, why did your neighbour build a wall next to a tree with insufficient foundations?

How old is the tree? If you tell us the type and estimated size of the tree it should be possible for us to work out the "which came first - the chicken or the egg" question.

Some trees are quick-growing. If the wall is 1970s, then the tree may or may not have been there first.

If you don't know what type of tree it is, could you post up a photograph and someone should be able to identify it.

debsue

The tree is a fern and quick growing. Cant post a pic as the tree is now no more. I think it was planted after the wall as there appears to have been a row of them, mostly cut down with the two at the end of the drive left, as there are tree stumps in the ground.

I have just had a verbal quote from a reputable local builder to do the job for £200, so I think that is as much as she will get from me.

By the way, she added £100 on top of the quote to remove the rubble as the builder needs a "special licence" to remove it? Think she is having a laugh!

Also going to look at the deeds to ensure that she actually owns the wall!
Thanks for all the replies