next doors drains !

PoochyChoo

right, well this is moneysaving, as i dont want to spend the money. last year our drains colapsed on our drive, we phoned insurance, i paid £100 excess, they came, they fixed, all good.

today, next door comes round (on the opposite side to our drains are on so not next to them exactly) and say our tree in our back garden has wrecked thier drains, and they have phoned a company and they are coming monday to fix them , and WE are paying them ??? as it was down to our tree... he didnt even say how much it was, only that he isnt paying as it was OUR tree..

any advice...

background info - we only lived here 12 months, the trees have been there for years !

he also has trees in his back garden too, how can you tell one root from another !!

i told him i not giving him or the drain company a penny... he said, well i will come round tonight and speak to your hubby cos you ARE paying for it ! LOL !!!

lapat

just a bit of advice ive been digging up streets for 20 years and i have never seen a 6 year old tree root penatrate a sewer chamber. a 60 year tree yes but never a six year year old one and belive me even a six year old one will take a few years to punch through a pot or plastic sewer. you may get some fine root ingress but thats all

real1314

tell the neighbour that if he thinks you should be paying, he should contact his insurance co, who can contact you, and then you will give his insurance co the details of your insurance co.

and then perhaps he might shut up.

andyrules

as far as I know, even if it WAS your tree unless you had been warned in writing they can do nothing.

Our neighbour's tree roots caused some subsidence to our property - insurer said we would need written proof that they were aware of this before insurer could sue for damages.


HTH

Debt_Free_Chick

Call your insurance company. They will investigate to see if you (they) are responsible for the damage to your neighbour's drains. If you (they) are, they'll pay.

PoochyChoo

thanks guys, well he never came round last night ! i assume my hubby was to late home, so he will call today.. i will definatly not be paying anything to him. i will quote what you have advised above.

will keep you informed thanks x

paddy's_mum

As andyrules has already said, until you are 'Put on Notice' your neighbour does not have a leg to stand on. However, he has now verbally put you on notice and in your own best interests, you probably do need to look into the matter via your insurers.

Even if he went so far as to take this into court, he would have to prove that only your tree has caused the damage and somehow I can't see a judge just ignoring the neighbour's own trees. (Is your tree perhaps a huge oak and his just a couple of tiny young fruit trees? Has he already had other issues with you?) He would also, no doubt, be asked how long he has been aware of the damage being done but said nothing and taken no remedial action himself.

Under no circumstances pay the drain company, although it may be prudent for you to listen to what the drainman has to say. He contracted them and it is for him to sort out in the proper manner, not verbally bludgeon you into accepting responsibility. Good luck in getting it all sorted out.