Wall pushed over by neighbours land and trees

Streetwise88

We own a brick boundary wall that has over the years been pushed towards our side by the higher land (Up to 1.5m higher in places) and trees on our neighbours land. They developed a property there in 2016 and raised the level of their land by 1m as part of the planning permission. Two yeras ago we had to make expensive repairs to the wall because on our side there is a public footpath which is included in our deeds and the local council were concerned that the wall was leaning over towards the footpath. The council also instructed the neighbour to cut down the trees that were growing very close to the wall. The wall bulged out the most where the trees were. The wall was repaired and the trees were cut down. We have formally asked our neighbour to reimburse the cost of repairing the wall but they refused. We are prepared to take this to small claims court. The council did commission a surveyors report before the work was done which stated that the trees  most likely have caused the wall to be pushed over. We have this report. We have the surveyors permission to use this report for our claim. Our house insurance would not cover the cost stating that it was historical. What is our neighbours degree of responsibility for their land and trees causing the damage to the wall?

DullGreyGuy

Would need to know the chronology in detail, when the tree was planted, what species of tree it was, when you raised concerns etc. 

It's hard enough to get councils to be liable for trees that cause damage and they have an enhanced duty of care compared to Joe Public. 

Generally you need to demonstrate they were negligent, that they did something the average person wouldn't have done or failed to do something the average person would do. With many of these kinds of claims it comes down to how foreseeable it was, not now with hindsight but at the time that actions were taken. 

Many people simply won't know there is a problem which is why it comes down to evidencing that they did know there was a problem because you told them and they had ample time to action on it. The fact the council asked them to cut it down and they did won't help your case, would have been better they hadn't then there would have been evidence of their failing to do the right thing. 

Presumably the deeds make it you job to maintain the wall? What cost are we talking about?

Aylesbury_Duck

Streetwise88 said:

We own a brick boundary wall that has over the years been pushed towards our side by the higher land (Up to 1.5m higher in places) and trees on our neighbours land. They developed a property there in 2016 and raised the level of their land by 1m as part of the planning permission. Two yeras ago we had to make expensive repairs to the wall because on our side there is a public footpath which is included in our deeds and the local council were concerned that the wall was leaning over towards the footpath. The council also instructed the neighbour to cut down the trees that were growing very close to the wall. The wall bulged out the most where the trees were. The wall was repaired and the trees were cut down. We have formally asked our neighbour to reimburse the cost of repairing the wall but they refused. We are prepared to take this to small claims court. The council did commission a surveyors report before the work was done which stated that the trees  most likely have caused the wall to be pushed over. We have this report. We have the surveyors permission to use this report for our claim. Our house insurance would not cover the cost stating that it was historical. What is our neighbours degree of responsibility for their land and trees causing the damage to the wall?

When did you ask the neighbour to reimburse you?  Before work started?  When it was done?  Now, i.e. two years on?

the_lunatic_is_in_my_head

There was a post in the DIY board where something along the lines of retaining walls are typically the responsibility of the landowner of the higher land was stated. 

OP this is probably one where professional advice may well be better  

I’d imagine there have been many disputes along these lines and professional advice will likely be more correct than here, which is typically consumer issues which are (mainly) more straightforward.

Okell

DullGreyGuy said:

... Generally you need to demonstrate they were negligent, that they did something the average person wouldn't have done or failed to do something the average person would do. With many of these kinds of claims it comes down to how foreseeable it was, not now with hindsight but at the time that actions were taken...

Is this a case of negligence or is it nuisance which can be strict liability?

Cit6

I same problem many years ago.
Who owns the wall?
Was nextdoors land ever level with the otherside of the wall?
Was it ever built as a retaining wall from new?

Arunmor

Cit6 said:

Was nextdoors land ever level with the otherside of the wall?
Was it ever built as a retaining wall from new?

These are the pertinent questions I would have asked.