Tree Root Damage

Tree Root Damage

Postby Michelle T » Sun Aug 10, 2014 10:15 am

I'm completely new to this so please advise if this is not the correct place to ask my question. I was recommended to ask advice on here by someone on the Money Saving Expert forum.

My garden wall has collapsed. Two builders have been out to look at the rebuild and stated that the reason for the collapse is my neighbour's large conifer tree planted around ten inches away and about 3/4 feet higher (their house sits higher than ours).

When the wall first collapsed a few days ago, the neighbours came out and said that the tree would need to come out before I got a new wall built. They also said that it's an old wall and was leaning anyway. Admittedly it did have a bit of a lean, but only next to their tree. The builders checked either end of the wall (still standing, both parts about 5 ft long) with a spirit level, and found them both to be standing perfectly upright. Admittedly, it is an old wall, however the builders said that there was nothing structurally wrong with it (from looking at what's left) and that it would have continued to stand for many more years. One of the builders dug down on our side and measured the foundations at an angle of 30 degrees at the base of the wall next to the tree.

I know that I should have mentioned the lean to them before but the situation I'm currently in is that I didn't and it's too late now.

I have explained to them what the builders said, their response was that they can't see how it was their tree which caused it and it's my wall anyway (it is, I checked the deeds) and therefore my responsibility to rebuild.

I have a tree survey booked for this week as recommended by the builders.

Any advice on what to do next will be much appreciated. If it is my responsibility then that's fine, but I just need to be clear on the facts.

Thanks in advance.
Michelle T
 
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Re: Tree Root Damage

Postby MacadamB53 » Sun Aug 10, 2014 10:26 am

Hi Michelle T,

if it's your wall then it's your responsibility and that extends to telling someone else to stop damaging it.

as you realise it's too late now to start blaming others even if you know for certain they caused the problem.

why are you paying for a tree survey - it's not your tree and it's owner plans on felling it...

Kind regards, Mac
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Re: Tree Root Damage

Postby Michelle T » Sun Aug 10, 2014 10:47 am

One of the builders thought it would be a good idea because he thought that it may be possible to claim compensation through the small claims court if it was proved that they ought to have known there was a problem..
Michelle T
 
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Re: Tree Root Damage

Postby MacadamB53 » Sun Aug 10, 2014 11:18 am

Michelle T wrote:One of the builders thought it would be a good idea because he thought that it may be possible to claim compensation through the small claims court if it was proved that they ought to have known there was a problem..

but if you're having to engage a professional to investigate how can you claim it was reasonably foreseeable?

(it's too late now anyway)

Kind regards, Mac
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Re: Tree Root Damage

Postby Michelle T » Sun Aug 10, 2014 12:45 pm

I'm guessing he suggested it because they won't take either builders word. But if it's too late then there's really nothing I can do anyway.
Michelle T
 
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Re: Tree Root Damage

Postby MacadamB53 » Sun Aug 10, 2014 1:22 pm

Michelle T wrote:I'm guessing he suggested it because they won't take either builders word. But if it's too late then there's really nothing I can do anyway.

Hi Michelle,

see if one of the resident tree experts ("TO" and "Treeman" are excellent) drops in and puts me right before you give up.
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Re: Tree Root Damage

Postby ukmicky » Sun Aug 10, 2014 6:02 pm

MacadamB53 wrote:
Michelle T wrote:One of the builders thought it would be a good idea because he thought that it may be possible to claim compensation through the small claims court if it was proved that they ought to have known there was a problem..

but if you're having to engage a professional to investigate how can you claim it was reasonably foreseeable?

(it's too late now anyway)

Kind regards, Mac



To show resonable foreseeability you have to prove it.

The tree is still there and even though the wall has now collapsed it may still be possible to show the tree was the cause to the degree required by the civil courts.

You would also probably need a structural survey performed on the standing parts of the wall and the part that has collapsed to show causality . Is it worth the hassel.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Tree Root Damage

Postby Treeman » Sun Aug 10, 2014 8:22 pm

MacadamB53 wrote:
Michelle T wrote:I'm guessing he suggested it because they won't take either builders word. But if it's too late then there's really nothing I can do anyway.

Hi Michelle,

see if one of the resident tree experts ("TO" and "Treeman" are excellent) drops in and puts me right before you give up.



This isn't a tree question, its an issue surrounding the wall.
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Re: Tree Root Damage

Postby MacadamB53 » Sun Aug 10, 2014 8:33 pm

Treeman wrote:
MacadamB53 wrote:
Michelle T wrote:I'm guessing he suggested it because they won't take either builders word. But if it's too late then there's really nothing I can do anyway.

Hi Michelle,

see if one of the resident tree experts ("TO" and "Treeman" are excellent) drops in and puts me right before you give up.



This isn't a tree question, its an issue surrounding the wall.

sorry for the inappropriate name drop then :oops:

Kind regards, Mac
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Re: Tree Root Damage

Postby Treeman » Sun Aug 10, 2014 8:52 pm

MacadamB53 wrote:sorry for the inappropriate name drop then :oops:

Kind regards, Mac


No probs, I just like to keep to my specialty.
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