Liabilities/responsibility for trees on your property - neighbour damage

AnotherJoe

That is quite astonishing then, it would appear that either the house was built with airbricks underground, or previous owners decided to flatten out what is now your garden for their convenience by filling in either a slope or a trench, and breached the airbricks and the DPC.

Which leads to an interesting question - where does the liability now lie going forward ? If your neighbour discovers that its been filled in he might well be after you to rectify the position, I woudl think you would inherit the problem. OTOH if it was built badly, its down to the neighbour to sort out but he'd need your permission.

Tygermoth

That is an interesting question - especially as it might cost me money!

Article50

Probably stating the obvious but I would double check your tree has not got a TPO on it before the surgeons have a go at it. There are some hefty fines if you touch trees covered by TPO's. You may already know of course in which case my apologies.

DaftyDuck

Unlikely with Eucalyptus... not impossible, but extremely unlikely. Still worth treading carefully.

G_M

Lots of interesting points in the thread, but unless I've missed it, the neighbour can always get access to his wall via the Access to Neighbouring Land Act 1992.

moneyistooshorttomention

G_M wrote: »

Lots of interesting points in the thread, but unless I've missed it, the neighbour can always get access to his wall via the Access to Neighbouring Land Act 1992.

In principle true.

In practice - doesn't it involve going to Court and costing a 4 figure amount of money to get that access? (I've got a figure of a likely £3,000 or so in my head from somewheres or other on this...).

G_M

quite possibly.

I'm just pointing out that there are mechanisms, and rights, for the neighbour to access his wall for maintenance/repair as a last resort if amicable arrangements break down.

Not suggesting OP should deny access until a court order is in place - you know me: tea and cake wherever possible!

lincroft1710

franklee wrote: »

Having their boiler vented on your land is crap and unsafe for both sides as you could obstruct the vent and they would not know.

Don't give Tyger ideas!!

David_Aston

I must admit, if I were "the folks who live down the hill", I would want to be on excellent terms with the op, and would certainly want my air bricks to be shown the light of day!

camptownraces

Reasonable neighbours would not insist on an applicant going to court for an order under the 1992 Act.

Depending on what work is required, neighbours might reasonably employ a surveyor to protect their interests, but that wouldn't cost £3,000