Liabilities/responsibility for trees on your property - neighbour damage

Tygermoth

Hi All

We had a visit last night from the neighbour whose three storey town house is at the far end of our garden. Their side wall is our ‘back fence’ if you will. The other two walls of the garden are high brick with sturdy wooden panel inserts - we don’t have a back gate.

They have discovered a nasty damp issue after moving some built in furniture and a sofa. This looks to relate to a gutter that has broken off its mount and now instead of moving water to the downpipe is tipping it down the side of the house. This water is hitting the paving at the base of the wall at some velocity and its bounces back up against the brickwork. There is a large dark mark. From the staining of the brick and the state of the mortar (dark green/black) I would say this has been ongoing for quite some time.

This all was discovered last night when they knocked at the door to ask if they could access the garden to look at the wall. They were really pleasant and friendly at the time but we have received a note this morning saying they were ‘disappointed’ and felt we should pay as they felt:

• We can see the wall and the defect – So we should have notified them of the issue (especially as they do not have any line of sight or easy access to the wall to maintain) they now have damage and significant replacement cost for damaged possessions. They mention some party wall act and right to access liability jargon – but when I looked it up it didn’t relate.
• Our tall very slim silver birch in the garden ‘obviously’ had been dropping leaves in the gutter and the weight of the leaves caused the damage.
• It was our duty to maintain the tree and prevent it causing damage to any adjoining property – if we had done this they would not be looking at these costs.

This tree is very tall - well over the roof line and gutters. It’s also very close to the back of their house 10 meters or so but nowhere near the affected gutter - I believe its purpose was to provide privacy as the back of our house overlooks the three gardens in his row of houses. It does this very well and gives cover. I do agree it has grown over tall and could be trimmed down.

We have only lived in the house a few weeks, its dark in the morning and dark when we get home (we both work long hours and commute) and currently our weekends have been spent painting and doing rectification works inside so we have barely set foot in the garden.

I have penned a really pleasant and noncommittal note advising that we have only just moved in, the damage looks to have been ongoing some time and given them the details of the estate agent for them to take it up with the previous owners – not posted yet.



Right tack?




Ps -
I do have legal cover with my home insurance and was thinking about giving them a quick ring.

bargainbetty

I would note that the damage to their property is entirely their own legal responsibility and while you are more than happy to allow reasonable access to the workmen they will need to make the repairs, you do not have and will not accept any financial responsibility for their work at any time. I would also suggest they contact their insurers for a proper assessment of the damage prior to accusing anyone else.

It is not the responsibility of the previous owners either.

You can also note that should the workmen cause any damage to your property, they will be liable for the damage.

Cheeky b**gers!

carefullycautious

That is just the right reply. What a cheek!!!

bertiewhite

I take it that the neighbours are implying that the leaves falling from the tree have blocked their gutter eventually causing the damp - INDIRECT cause.

Whereas (hypothetically) if the tree roots were DIRECTLY causing damage to the wall, they would have a case?

moneyistooshorttomention

I very much doubt you have any practical or legal liability at all in these circumstances.

The previous owners of your house had a moral obligation to tell them what was happening to their wall (as they could see it - but these house-owners couldnt). But - even the previous owners wouldnt have had legal liability for the damage. If they wish to tell off the previous owners of your house for not telling them about this damage (ie because they could see it) that's understandable and I'd give them contact details for those previous owners and they could take it up with them as to why they didnt tell them.

As you've only been there a few weeks/have full-time jobs/etc then it's understandable that you wouldnt yet have noticed what was happening to someone else's wall.

I'd go with a politely phrased letter - stating you have no liability (as the damage wasnt caused by anything to do with you) and stating you are prepared to give their workmen access (after suitable notice - and subject to them not creating any damage for you) in order for them to deal with this work. With that - enclose contact details for the previous owners.

It sounds to me like they are angry with the previous owners - and so would I be if I were in their shoes and would want a straight answer as to "Why didnt you tell me? You could see it....". But it doesnt sound like you deserve any of the flack for this.

Chanes

Wow! I thought this post was about damage to the building from roots which is your liability but on reading it I cannot believe the nerve of this neighbour! My gutters get leaves in them, they are my gutters and I can see where the trees are, but trees shed leaves, it's nature! I wouldn't hand my neighbour the bill to clean out my gutter! Use your legal cover...some might say you could run them up a legal bill for the cheek of it! Incredible!

societys_child

The cheek of some people, their gutter's broken and they think you should pay for it?

we should have notified them of the issue

How's that your responsibility?

they now have damage and significant replacement cost for damaged possessions

That's what their insurance is for.

They may (or may not) have a right of access for maintenance.

Leaves falling off trees . . :rotfl:

I do have legal cover with my home insurance and was thinking about giving them a quick ring

I'd leave it for the moment.

Think they'd be a little more than "disappointed" if I'd replied to that letter, prabably referred them to the reply given in the case of - Arkell v. Pressdram

Miss_Samantha

You are liable if the tree caused damage through lack of maintenance and care on your part. For example if one of your tree is rotten and ends up collapsing on their wall, etc.

In your case any damage seems to have been caused before you moved in, so in any case you are not liable, IMO.

mrginge

My understanding is that the owner of a tree is not legally responsible for the leaves that fall off it.

societys_child

Miss_Samantha wrote: »

You are liable if the tree caused damage through lack of maintenance and care on your part. For example if one of your tree is rotten and ends up collapsing on their wall, etc.

Even then it would need to proved that you were aware of any problems and had neglected to take any remedial action.

Tygermoth

Thanks everyone. I thought I would check before dropping the note in


(ps - they felt as they couldn't do 'casual maintenance' of the guttering as it is, in effect, in our garden, and they have no access - they seemed to think this somehow fell to us - I was very firm that this was NOT the case)


As FTB I think they thought we were green as the grass lolololol