roots (probably again!!)

roots (probably again!!)

Postby DwightFry » Fri Oct 23, 2009 2:04 am

hi
my first post so here goes.
my neighbour has approached me and said that the roots from the sycamore tree that is between our houses are causing damage to his property (it's one of those trees that wasn't there one day and 40 feet tall the next). HE SAYS that the tree is on my land (probably right but not definate), HE SAYS the roots have broken pipes under his land. HE SAYS he is getting cracks in his walls in his house and tiles are comming of the walls. i am getting no problems at all on my propery!! the tree is just about slap bang in the middle of our properties, about 12 - 15 feet away from the corners of the houses, and the hight is about 15 - 20 feet above the houses and the soil is not a clay soil. i do have insurance (normal buildings and contents). i do want to get rid of the tree and am willing to pay to get rid of it because the leaves are getting too much for me to clear up at my age :wink: but the question of payment for repairs will surely raise it's ugly head. what should the process be if/when it does? better to be prepared, you know?
sorry if this has been covered before :oops:

thanks
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Postby ukmicky » Fri Oct 23, 2009 3:01 am

He needs to prove it beyond reasonable doubt.

He should have house insurance ,tell him to put in a claim,that is what it is their for.
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Postby DwightFry » Sat Oct 24, 2009 4:53 pm

thanks ukmicky

sorry about the delay in replying.

so if we hand it over to the insurance companies, they will sort the legallities out i.e. who actually owns the tree etc. and if it is the roots that have caused the damage?

thanks again
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Postby ukmicky » Sat Oct 24, 2009 6:09 pm

DwightFry wrote:thanks ukmicky

sorry about the delay in replying.

so if we hand it over to the insurance companies, they will sort the legallities out i.e. who actually owns the tree etc. and if it is the roots that have caused the damage?

thanks again


If it is stradling the boundries it will be in joint ownership.

He is the one with damage ,it is he who hands it over to his insurance company.

You can get rid of the tree as long as you are not in a conservation area or it has a TPO attached.

Under no curcumstance let him think that you are doing it because it is causing damage to his property as it may not be.

DO NOT ADMIT LIABILITY
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Postby ukmicky » Sat Oct 24, 2009 7:58 pm

I Should also add that you are not and cannot be found liable for damage to his house due to the roots previous to the point that he made you aware of the problem.

Their is plenty of case law which will cover you.



Dedleigh-Denfield v. O'Callaghan

Lord Wright said:
" it has, been rightly established in the Court of Appeal that an occupier is not prima facie responsible for a nuisance created without his knowledge and consent. If he is to be liable a further condition is necessary, namely, that he had knowledge, or means of knowledge, that he knew, or should have known of the nuisance in time to correct it"

Or Paterson v. Humberside County Council
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Postby DwightFry » Sun Oct 25, 2009 11:04 pm

blimey!!

thanks again ukmicky.

so, in 'my speak', he can't claim for any damages that he claims has happened prior to him informing me 'officially' about 6 - 8 weeks ago?

even if the tree is 'joint' ownership, i still want it cut down and will pay for that because of the amount of leaves that gathers in my garden every autumn.
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Postby ukmicky » Mon Oct 26, 2009 12:47 am



so, in 'my speak', he can't claim for any damages that he claims has happened prior to him informing me 'officially' about 6 - 8 weeks ago?
My speak as well,and yes you should be safe.

Still want it cut down and will pay for that because of the amount of leaves that gathers in my garden every autumn.



Probably would be a good idea,to prevent future claims and stress
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Postby DwightFry » Mon Oct 26, 2009 5:36 pm

thanks for the information ukmicky, will let you know how it goes.
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Postby DwightFry » Tue Jan 19, 2010 5:52 pm

hi again, its been a while.

well, the tree is gone (hooray!!) and the insurance details handed over. heard from a third party that he has had a surveyor in and, allegedly, the surveyor said the damage is caused by roots and it's going to cost a lot to sort things out. will i hear anything from my insurance or will the companies sort it out between themselves?

thanks
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Postby ukmicky » Tue Jan 19, 2010 8:41 pm

Your insurance company should not by rights be paying out anything.

You are not liable, your neigbours insurance should pay the cost
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Postby DwightFry » Tue Jan 19, 2010 11:48 pm

thanks ukmicky, i really like what your telling me :)
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Postby ukmicky » Wed Jan 20, 2010 12:06 am

That does not mean however that your insurance wont cough up.

It may be easier and possibly cheaper for them to agree to some form of liability
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Re: roots (probably again!!)

Postby DwightFry » Sat Apr 20, 2013 8:14 pm

the saga continues...

it's been over 3 years since i had the tree cut down and the roots ground back, as far as possible, and today he approached me and, this time, it's about the fence between the 2 properties. he says that it was erected (by the previous owner of his property) in the wrong place and said that it is too far onto his property and wants to give me back the land that, he says, is mine (about 8 inches, he says). he says he got the measurement for the boundary from the deeds from when he was trying to find out who owned the tree. now, if he is right and he moves the boundary further onto his property, that means the fence, which needs replacing, firmly onto my property. can he just do this and abandon the fence, which, as i said, the previous owner of his property erected? i haven't checked any of this because i don't have access to my deeds to check the boundaries.

it was at this point that his wife turned up and started on about the roots again, claiming they were causing more damage to their property and "something will have to get sorted". they are still saying that they have a surveyors report from over 3 years ago claiming the damage is caused by the roots. can this still be going on after all this time, even after i gave him the insurance details over 3 years ago?

also, i have come across an old photograph that clearly shows the young tree on their side of the hedge that was there years ago (about 3 owners back 8) ). don't know if this can be used as proof?

sorry it's a long post!!
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Re: roots (probably again!!)

Postby hzatph » Sun Apr 21, 2013 7:17 pm

Ask for his statement in writing and also to write that he does not mind you moving the fence 8" into his land and get him to agree the positions of the posts. See if he still agrees. :D
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Re: roots (probably again!!)

Postby DwightFry » Sun Apr 21, 2013 7:45 pm

hi hzatph, thanks for the reply. it's not me that wants to move the boundary, it's him. i'm happy the way it is now. i think, and this is only my opinion, is that he wants to move it so that the fence, which need replacing, will be totally on my property. i have, since posting, read on the land registry website that the measurements on deeds, relating to boundaries, are rarely accurate. so if he wants an accurate positioning of the boundary he will have to get a qualified surveyor in to position it. a bloke with a copy of the deeds and a tape measure is not legally binding.
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