Alley way behind house - trees damaging my property

eddddy

jmp1971 said:

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.

So if you're sure the trees belong to your neighbour, your options include:

• Put your neighbour on notice that their trees are damaging your property (i.e. send them a letter telling them), and you want them to address the problem. If they don't address the problem, and more damage is caused - you sue the neighbour.

• Put your neighbour on notice that their trees are causing a nuisance, and unless they prune them / cut them down, you will do so to prevent the nuisance, and claim the cost from them

• Get a court order instructing them to prune / cut down the trees (which would be expensive)

Or perhaps a less confrontational option...

• Tell the neighbour that if they say the trees are not theirs, presumably they have no objection to you pruning them or cutting them down. And cover the cost yourself.

jmp1971

eddddy said:

jmp1971 said:

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.

So if you're sure the trees belong to your neighbour, your options include:

• Put your neighbour on notice that their trees are damaging your property (i.e. send them a letter telling them), and you want them to address the problem. If they don't address the problem, and more damage is caused - you sue the neighbour.

• Put your neighbour on notice that their trees are causing a nuisance, and unless they prune them / cut them down, you will do so to prevent the nuisance, and claim the cost from them

• Get a court order instructing them to prune / cut down the trees (which would be expensive)

Or perhaps a less confrontational option...

• Tell the neighbour that if they say the trees are not theirs, presumably they have no objection to you pruning them or cutting them down. And cover the cost yourself.

Thank you.
ive informed of the damage verbally and in writing. 

canaldumidi

jmp1971 said:

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....

How long ago was the landowner informed and when did you first identify the problem?

As edddy says, if you informed them and they ignored the matter (the reason for ignoring eg did not think it was their land is irrelevant) then they are liable for ongoing damage (though not the original damage before they were informed.

So the time line is important.

jmp1971

canaldumidi said:

jmp1971 said:

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....

How long ago was the landowner informed and when did you first identify the problem?

As edddy says, if you informed them and they ignored the matter (the reason for ignoring eg did not think it was their land is irrelevant) then they are liable for ongoing damage (though not the original damage before they were informed.

So the time line is important.

Coming up to three weeks now I informed. I only found out a little while prior and was trying to find out who owned the land from neighbours. Most was saying we all own it and the trees belong to no one. It was a few neighbours who pointed out to me that they own part of the land and I should check the deeds of the neighbour opposite. From time if informing the damage has got worse. Not sure if it’s because it’s rained heavy a few times, however the access way has not been maintained at all hence the trees getting out of control. I’ve lived here for 14 years plus.

Slithery

jmp1971 said:
Most was saying we all own it and the trees belong to no one.

If you all owned it then surely the trees would be the joint responsibility of all of the owners?
The trees belong to whoever owns the land.

housebuyer143

[Deleted User] said:

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.

Worth trying your luck and asking. I got my insurance to pay out to uncover a manhole that had been sealed by the previous owner. No complaints at so. I was surprised.

eddddy

housebuyer143 said:

Worth trying your luck and asking. I got my insurance to pay out to uncover a manhole that had been sealed by the previous owner. No complaints at so. I was surprised.

You're replying to a post made 9 months ago, so it could well be sorted now.