Neighbour's tree just destroyed our boundary wall....

Re: Neighbour's tree just destroyed our boundary wall....

Postby arborlad » Thu Feb 13, 2014 3:24 pm

arborlad wrote:Does the wall adjoin the house, if you are terraced, how does it align with the inner party wall?



...................a couple of further thoughts, how long is the wall, what is its condition elsewhere?

Talking to other neighbours with similar walls may help to establish who owns the wall, which, if it isn't yours, as Treeman says, just leaves you with some debris to clear.
arborlad

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Re: Neighbour's tree just destroyed our boundary wall....

Postby ukmicky » Thu Feb 13, 2014 11:49 pm

MacadamB53 wrote:Hi ukmicky,

Thanks for the reply and I think I get the point about damages.

What are your thoughts on my original point to the OP:

if it is agreed the tree caused the wall to collapse then it must surely boil down to which came first -
If the wall was built with the tree already there then the tree owner cannot be held responsible.
If the wall came first though, the neighbour should pay up.


I know this is a very simplistic way of summarising things, but am I completely off track?

Kind regards, Mac

What come first can be a factor as a court can use fareness when determining blame.

if i built my wall 5mm away from a neighbours 40 foot tree and on the first day of winter the wind caused the tree to contact the wall and cause its collapse, a court could deem that the wall owner was recklass in his actions as it should have been obvious trees move with the wind.

If the wall owner had asked the tree owner to act before the wall went up due to the possibility of it contacting the wall once built the court may feel that the tree owner had enough warning and as he failed to act he was reponsible.

Other than a scinario like above as Treeman has said you are entilted to develop your land and if the neighbours tree through growth demomolishes your wall and you can show he knew it was causing damage it does not matter what came first.
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Re: Neighbour's tree just destroyed our boundary wall....

Postby MacadamB53 » Fri Feb 14, 2014 12:22 am

Hi ukmicky,

Thanks for giving your take on the scenario where a wall goes up close to an existing tree.

What is your take on the scenario where I plant my tree very close to an existing wall and the first sign of damage is when the wall collapses?

Treeman has suggested, once your have been presented with evidence that the tree is causing damage you are open to an action for any on going damage until you rectify the situation. In other words, I am not open to an action at all because, with the wall collapsed, there isn't going to be any ongoing damage...

Kind regards, Mac
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Re: Neighbour's tree just destroyed our boundary wall....

Postby ukmicky » Fri Feb 14, 2014 1:37 am

If my tree were to fall down and demolish two walls and a house simply due to high winds i would not in the slightest be liable for what happened. Act of Nature

If it fell due to a defect with the tree for me to be found legally or financially liable the wall or house owners would need to prove that it failing over was reasonably foreseeable and that i knew or ought to have known about the defect and was also aware that the defect was such that it could cause the tree to fail. As a normal householder i am not expected to know about tree defects or diseases or what the roots are doing under ground or how much it bends in the wind so an occasional look at the tree from my back door is enough to show my duty of care .

The law says for the tree owner to be liable for such damage the tree owner must been aware that the tree was going to cause the damage. The wall owner needs to show that damage to the wall was reasonably foreseeable. A court will ask itself did i know or should i ought to have know that the tree was causing damage or was going to cause damage.

Once i know damage is occurring i am only liability for any damage that occurs after i have found out it is causing damage, nothing before.

My liability also only commences after a reasonable period have time has elapsed . As the law gives me a reasonable period of time to take action.
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Re: Neighbour's tree just destroyed our boundary wall....

Postby ukmicky » Fri Feb 14, 2014 1:41 am

nothingtodowithme wrote:Oh yes you will; it will be an on going nuisance which is actionable in law every day it remains a nuisance which will incur liability damages.


In Macs scinario the wall has already collapsed . As it has already collapse there is no continuing nuisance
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Re: Neighbour's tree just destroyed our boundary wall....

Postby ukmicky » Fri Feb 14, 2014 2:35 am

nothingtodowithme wrote:That would be for the judge to decide.



What is the continuing nuisance that the judge will decide about.

For it to be actionable in a court of law damage must be occuring and continuing. If the wall has colapsed no more damage is occurring to the wall so where is the damage element allowing it to be an actionable continuing nuisance. ?
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Re: Neighbour's tree just destroyed our boundary wall....

Postby MacadamB53 » Fri Feb 14, 2014 11:02 am

Hi Trailerman,

It would seem there are a number of questions which remain unanswered:

1. do you own the wall?
2. did the tree cause any of the preceding damage? (photos are not conclusive)
3. did the tree cause the collapse? (photos are not conclusive)
4. was the tree owner given proof damage was being caused? (PROOF not allegation)
5. was the tree owner given 'reasonable' time to take action? (since PROOF not allegation)

I'd say each must be answered in turn with a definitive YES if you are thinking of legal action.

All my non-expert, unqualified understanding.

Kind regards, Mac
PS arborlad, FrTed, nothingtodowithme, Treeman and ukmicky - please put me right if I've misunderstood
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Re: Neighbour's tree just destroyed our boundary wall....

Postby ukmicky » Fri Feb 14, 2014 9:51 pm

nothingtodowithme wrote:it is apparent to me that you do not wish to engage in a civil discussion; you take offence at the slightest smidgeon of a disagreement so therefore I bow out in favour of peace as opposed to hostility.

I havent taken offence
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Re: Neighbour's tree just destroyed our boundary wall....

Postby arborlad » Fri Feb 14, 2014 11:15 pm

ukmicky wrote:
nothingtodowithme wrote:it is apparent to me that you do not wish to engage in a civil discussion; you take offence at the slightest smidgeon of a disagreement so therefore I bow out in favour of peace as opposed to hostility.

I havent taken offence


..............or been uncivil.
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Re: Neighbour's tree just destroyed our boundary wall....

Postby MacadamB53 » Sat Feb 15, 2014 12:47 am

Hi nothingtodowithme,

To make it full set of apparent reversions to type I thought I'd bump your posting :) :wink:

Seriously though, would you post your take on my 'list of questions' for the benefit of the OP?

Kind regards, Mac
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Re: Neighbour's tree just destroyed our boundary wall....

Postby MacadamB53 » Sat Feb 15, 2014 8:45 am

nothingtodowithme wrote:
MacadamB53 wrote:Hi nothingtodowithme,

To make it full set of apparent reversions to type I thought I'd bump your posting :) :wink:

Seriously though, would you post your take on my 'list of questions' for the benefit of the OP?

Kind regards, Mac

No.

Thanks for not leaving me hanging.

Kind regards, Mac
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Re: Neighbour's tree just destroyed our boundary wall....

Postby MacadamB53 » Sat Feb 15, 2014 2:30 pm

Hi nothingtodowithme,

Of course I wasn't offended and I respect your decision to opt out of this thread.

Take care and kind regards, Mac
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