Alley way behind house - trees damaging my property

jmp1971

At the back of my garden, outside my fence are two large trees which roots has caused damaged to the garage, concrete, fence and lower part of the garden, as well as, stopping access to my garage. I have checked the plans on my deeds and that of my opposite neighbour. My deeds show my property line is to my fence. My neighbours shows across the alley to my fence, hence the trees are on my neighbours land. I have access rights only. My neighbour didnt think it belonged to anyone neighbour and is looking into it, which is understandable, but what happens now? The plans are clear it is my neighbours land and these trees are causing a lot of damage. 

HampshireH

You ask them to resolve the issue and hope they get on with it without arguement.

Bendy_House

And you check if you have legal protection on your house insurance.

Obviously, you try and resolve this in a friendly manner, and think whether there is anything you can do to soften the issue - perhaps offering to pay towards the trees being lopped/cut down...?

deannagone

If the cost is a problem, perhaps (to help reduce further problems) you could negotiate on sharing the cost.  You have no obligation to do this at all of course, but it might be in your interests to do so.

jmp1971

Bendy_House said:

And you check if you have legal protection on your house insurance.

Obviously, you try and resolve this in a friendly manner, and think whether there is anything you can do to soften the issue - perhaps offering to pay towards the trees being lopped/cut down...?

I’ve got legal protection, but would much prefer for it to be sorted between us. It may need to go via the land owners insurance as it’s not just the trees, but the damage caused. 

jmp1971

deannagone said:

If the cost is a problem, perhaps (to help reduce further problems) you could negotiate on sharing the cost.  You have no obligation to do this at all of course, but it might be in your interests to do so.

I think the land owner may need to go via the insurance. 

[Deleted User]

jmp1971 said:

Bendy_House said:

And you check if you have legal protection on your house insurance.

Obviously, you try and resolve this in a friendly manner, and think whether there is anything you can do to soften the issue - perhaps offering to pay towards the trees being lopped/cut down...?

I’ve got legal protection, but would much prefer for it to be sorted between us. It may need to go via the land owners insurance as it’s not just the trees, but the damage caused. 

The insurance won't cover it, they will say it's just normal maintenance that they have failed to do.

Get some quotes to get the damage fixed so you can take them to the neighbor.

jmp1971

Ok. I guess that makes sense. I will get some quotes. Thanks for your help. 

jmp1971

I’ve already spent money on the cracked garage floor, garage roof and internal. The tree roots cracked the floor and the tree started growing inside the garage from the garage door. The roof panels became rotten as the side of the tree was in it and water, unknown to me, was sitting and rotting the roof. I’ve already paid more than what it is to take the trees down.

eddddy

If you want to claim damages from your neighbour (and therefore your neighbours insurer), you'd have to show that the neighbour was negligent.

For example, if you've previously informed your neighbour that their trees are damaging your property and they did nothing about it and the damage got worse - that would probably be negligent.


The only other possibility is if the damage is classed as subsidence, and your own buildings insurance policy covers it. (But I wouldn't contact your insurers unless an 'expert' confirms it as subsidence, and there's a good chance your policy will cover it. Damage to a garage and concrete drive etc is unlikely to be covered.)


Also, you should get expert advice before considering cutting down the trees. Depending on the type of soil etc, that might cause heave, which could cause more damage to your property.

jmp1971

eddddy said:

If you want to claim damages from your neighbour (and therefore your neighbours insurer), you'd have to show that the neighbour was negligent.

For example, if you've previously informed your neighbour that their trees are damaging your property and they did nothing about it and the damage got worse - that would probably be negligent.


The only other possibility is if the damage is classed as subsidence, and your own buildings insurance policy covers it. (But I wouldn't contact your insurers unless an 'expert' confirms it as subsidence, and there's a good chance your policy will cover it. Damage to a garage and concrete drive etc is unlikely to be covered.)


Also, you should get expert advice before considering cutting down the trees. Depending on the type of soil etc, that might cause heave, which could cause more damage to your property.

Hi, thanks. 

The landowner was informed, however is not claiming the land. The deeds show it is the land owners in plans and words.The garage is stand alone at the far end of my garden. It’s not subsidence. No maintenance has been done on the trees because the landowner didn’t think the land was theirs. 

I’m not cutting the trees down. Not on my land and it’s not my cost. The landowner needs to address.