Neighbours tree damaging my property.

Neighbours tree damaging my property.

Postby sikenny » Mon Jun 24, 2013 8:04 am

Hopefully i'm in the right place for some advice.

My neighbours trees are causing problems to my fence line and my patio and my lawn.
A little over 8 years ago i bought my property with a megga overgrown back garden. I spent thousands getting it child friendly for my children.
My neighbour had a very small Eucalyptus tree that has now grown into a huge tree. The problem is he planted the tree when it was young right up against my boundary fence. Over the years when i first noticed the tree causing some slight damage to my fence line i spoke to my neighbour and pointed it out to him. He was not to fussed as he said to me at the time that the tree was planted be for i moved in.

Now that a couple more years have flown by his tree is massive !! It has totally destroyed my fence panel, and the concrete gravel board has lifted up on one side about 6 inches from ground level, making it impossible to fit a new fence panel as its all out of square. (concrete gravel boards and fence posts) The roots of this tree have also started to lift my lovely patio :( I spent ages doing my patio, i laid 12 inches of concrete be for putting down my patio slabs and making sure it was all 110% level, did all the pointing and at the end i was impressed with how it looked. Its a big patio !! and it took me all in all about a year from start to finish.

But not it look horrible, the pointing has all been pushed out, the slabs are buckling up and its coming towards my extension.

I have spoken again to my neighbour and pointed out the damage. I have also spoken to my insurance company and informed them of the problem.

My neighbour said to me that i should not have put a patio in my garden. And that the trees are not his problem.
I even got a tree surgeon friend of mine to give him a mates rates quote to sort out the tree (cutting it down) which was a very cheap price.

The eucalyptus tree is the biggest problem i have !! there is also a slightly smaller silver birch tree that is about 3 metres away from the other tree. This silver birch is also against my boundary fence and has started to do the same thing. The roots from this tree have also started to come up through my lovely lawn. And to top it all my neighbour has planted another small eucalyptus tree about 5 foot from my kitchen window and 2 foot from the sewer pipes.

Can someone please tell me what i can do ?
What are my rights ? can i make him cut the trees down ?
Who has the cost to replace part of my patio and to sort out the fence and concrete gravel boards ?

Any advice will be gladly received as i have to get this sorted now.

Kind regards,

Si.
sikenny
 
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Re: Neighbours tree damaging my property.

Postby despair » Mon Jun 24, 2013 8:20 am

To start with have you put your concerns about the trees in writing to your neighbour because technically only the damage done AFTER you have informed him in writing is he liable for

Otherwise pretty much all you can do now is dig up your patio etc
and establish the exact cause and extent of the problems
cut off every single root and branch and return them to him

You will need to formally write to him listing all the problems and require that he abates the nuiscance of his trees which if that means the big eucalyptus is over the boundary actually removing it

He is a very foolish man to ignore all your warnings

Do you have legal expenses cover on your insurances/ mortgages/credit cards/union memberships ?

because they may possibly find a way to pursue him for the costs but its doubtful
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Re: Neighbours tree damaging my property.

Postby sikenny » Mon Jun 24, 2013 8:27 am

Hi,

Yes i have put it in writing to him explaining all the problems.
Yes i have legal expenses cover on my insurance.

I have also spoken to him yesterday and he again said i should not have put a patio in my garden !!

My insurance company are very keen to get this sorted straight away as they said its causing damage to a property they are insuring.
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Re: Neighbours tree damaging my property.

Postby Treeman » Mon Jun 24, 2013 8:29 am

A foot of concrete under a PATIO, (what did that cost?) and the root has cracked it...............

That I want to see
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Re: Neighbours tree damaging my property.

Postby sikenny » Mon Jun 24, 2013 10:07 am

I have my own building company and all the cost was run through the business. We had to put a foot of concrete down as there was a shallow old pond underneath it and this was filled in. Believe me there is a lot of concrete down there !!!! And yes even I am shocked that this tree has started to lift it. But the amount of concrete underneath is not really the issue here.
Treeman wrote:A foot of concrete under a PATIO, (what did that cost?) and the root has cracked it...............

That I want to see
sikenny
 
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Re: Neighbours tree damaging my property.

Postby despair » Mon Jun 24, 2013 11:35 am

As you have already written to him he is 100% liable for all the damage that's occurred after the date of your letter

Let your insurance Co deal with him they have the clout

He is in for a very expensive and nasty shock
despair
 
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Re: Neighbours tree damaging my property.

Postby sikenny » Mon Jun 24, 2013 2:05 pm

The proof is in what can clearly be seen.
nothingtodowithme wrote:Unfortunately you have the burden of proof.
sikenny
 
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Re: Neighbours tree damaging my property.

Postby kipper » Mon Jun 24, 2013 3:38 pm

You say the insurance company are keen to get it sorted, but have they informed you what action they will take?
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Re: Neighbours tree damaging my property.

Postby sikenny » Tue Jun 25, 2013 7:28 am

I am waiting for a telephone call from my insurance company today to see what the process is.
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Re: Neighbours tree damaging my property.

Postby hzatph » Tue Jun 25, 2013 8:22 am

By all means cut them, offer them back but dispose of them if not wanted.
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Re: Neighbours tree damaging my property.

Postby COGGY » Tue Jun 25, 2013 12:42 pm

The silver birch has the potential to cause serious damage. We had one in our garden (planted before we came) which lifted the patio. We had the tree taken out but the patio is waiting to be sorted.
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