conifer roots in shared drainage pipes

conifer roots in shared drainage pipes

Postby sammy » Thu May 05, 2005 9:17 pm

Please Help Me :cry:

My neighbour who is a council tenant (but about to purchase thier house) has planted a row of conifers as a privacy hedge. thier house is higher than mine and there is a retaining wall, when i purchased my house i questioned the damage these conifers could cause to the retaining wall as they are planted about 4 inches away from the wall (not aware that there are other underlying problems that may occur) my solicator informed me that they cound not grow them any higher than 4ft and that the lenght of the retaining wall where the conifers are growing would be their responsability.

i have since the purchase of my house experienced problems with waste running down my drive and discovered that we shared drainage pipes and because my property is lower than theirs it runs down my drive when ever there is a blockage. The blockage has become more frequent and so have requested due to a health hazard that they investigate why. A CCTV has been placed down the pipes and they discovered roots from the conifers in three places. The council have since then run a new set of drainage pipes for next doors waste but have left mine connected to the old pipes with conifer roots in them and said the pipes are old and were probably cracked already which is why the conifers roots are in them.

could these conifers have penetrated the pipes ????? and if so who is liable for the cost of repairs???

Also can you advise that if a row of conifers are planted less than 3 foot from my house and less than 3 inches from the retaining/boundary wall house can these cause problems to my foundations. The conifers from my side ground level to top are 9 foot tall and from next door ground level to top are just over 6 foot tall.

Could somebody please, please advise my neighbour appears to have no intentions of removing these conifers despite being advised of the damage they may cause at the time of planting.
sammy
 
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Postby Treeman » Thu May 05, 2005 10:29 pm

I have already answered some of this in your other post. Here is the rest.

Damage to the drains
The roots have penetrated no question about that. I think what you want to know is did the roots do the damage. The answerer is in all probability not.

Who is liable? No one you can nail it on but if anyone the owner of the trees when the damage first occurred. That may well be the council.
What is a?
retaining/boundary wall house

Are you saying the wall of your house is retaining?

Your lawyer is wrong about the height and the responsibility. Before you go any further you need to establish who is responsible for the boundary/wall? LA conveyancing can be quite slack so good luck on that one. Deeds are available online from the land registry. If it is your wall they will be responsible for any damage to it caused by the trees but not the wall as a whole.

If the wall is yours you need to put the neighbour on notice that the trees may well in due course damage the wall and they will be responsible for the cost of any repairs. Unfortunately this is all you can do until damage is apparent.

Time to tick the box for legal protection on your insurances perhaps?


Treeman
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Postby sammy » Fri May 06, 2005 6:26 pm

Many thanks for your advice treeman, i will check my deeds.

It is a retaining boundary wall
sammy
 
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Postby Treeman » Fri May 06, 2005 7:39 pm

How high is the retaining wall and where is the drain in relation to the position of the accused conifers?

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Postby sammy » Mon May 09, 2005 3:47 pm

The wall is just under 3ft high. i am lower than next door their ground level/bse of the conifers is 1.5ft up my wall on thier side and the drains run under my path through the wall directly under the conifers and down next doors garden. The Drainage people didnt point out any cracks in the pipes prior to reaching where the conifers are whne they carried out CCTV inspection.
sammy
 
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Postby sammy » Wed May 18, 2005 4:55 pm

I would also like to ask is there a law that determines how close to a house you should plant conifers as conifers are planted as a hedge and run the length of my house and less than 5ft away from the wall of my house????
sammy
 
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