root damage

AdrianC

debsue wrote: »

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!

It's not a great analogy, since used cars are movable objects with an easily establishable sale value. A wall isn't.

She had a perfectly good, structurally sound wall. Now, thanks to your tree, she doesn't. You need to put that right - and buying a used 35yr old wall isn't an option.

If the damage has come up from underground, the foundations are probably damaged, which will require the wall to be removed so they can be repaired. Since you can't just pick a wall up then put it back, it may very well require rebuilding in order to repair it properly. I doubt £200 is doing any more than repointing it, which isn't likely to be good enough.

moneyistooshorttomention

debsue wrote: »

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!

Having recently had a lot of work done on my home, I do know the question of removal of all rubbish (rubble, etc) arose with every sizeable job. I realised I couldn't automatically assume that "Of course rubbish will be removed", because some of them were charging it as extra (which I gather is down to recent things making it much harder for builders, etc, to dispose of the rubbish and they have to pay to do so). It may well be that he does need some sort of licence to dispose of this. It is distinctly possible he may be charging for disposal of rubbish as an "added extra" (rather than as an integral part of the job).

Part of the work I have had done is a new wall and I am expecting that wall to last (and last well) absolutely decades. Doesn't matter even if a wall is concrete blocks, as the expectation is the same, ie "Wall will be there and functioning well for however long owner of home decides it will be there..and their successor...and THEIR successor".

silvercar

dacouch wrote: »

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

If you have no legal liability, why do you need to pay for it?

Surely the neighbour should contact her own insurer, who will contact your insurer. Doesn't the legal protection part of policies kick in?

debsue

The insurers are not interested because it is "foreseeable" damage. I am leaglly liable. I have spoken to the legal dept of my insurance and they confirmed it. She wants a new wall, I am only obliged to repair.

Davesnave

debsue wrote: »

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

I think you mean a 'fir' i.e. a conifer.

The builder doesn't need a special licence, but a skip costs just under £300, so £100 for rubble removal/disposal is reasonable.

I would have looked at the deeds (and hers!) first. How do those telling you it's your responsibility know, if you don't know?

The deeds may be silent on this, but that's not to your disadvantage.

Why don't you get to choose the builder, if you decide to have one?

System

I suggest you post on Gardenlaw to get their opinion. They have more expertise in this sort of matter

AdrianC

debsue wrote: »

She wants a new wall, I am only obliged to repair.

She wants a structurally sound wall on undamaged foundations. You are obliged to provide one.

debsue

I am well aware that I have to do something and I am not shirking my responsibility. Her own letter says repair, it does not say replace, my own builder will remove and replace thet damaged blocks and ensure that the wall is structurally safe. The wall is about 15 foot long and the damage covers 3 or so feet.

Her own intention was to replace the wall and take it higher, the builder she wants is a good friend of hers. I will pay for repair only. Thanks for your replies

topdaddy_2

There is no liscence to remove rubble priced at 100 quid. Thats a fast one right there. You could always insist on seeing it first and then drop the bomb shell that all liscences are held on public record free for all to see on the EA website

debsue

I sent the neighbour a letter after I had had some quotes, I offered to get the wall repaired at her convenience. She has now come back with, she is seeing a soliciter as she is not happy.
Her original letter says please repair the wall, i offer to repair it but she is still not happy, appartantly i should have paid for a damage report?