neighbour's tree

neighbour's tree

Postby nashey48 » Wed Jan 18, 2017 3:11 pm

I have approached my neighbour regarding concerns about trees on her land which is causing my garage wall to crack. She has not responded since my initial contact with her 7 months ago. I have had a subsidence report done which states wear and tear, therefore no building peril, however, it has been documented that there is a broad leaf tree (I think Lime) in excess of 20+ metres growing adjacent to my garage wall which states that deteroriation in the wall "has most certainly been dictated by the growth of the tree". The Insurance company wont pay out for further investigation.

Upon recommendation from the Subsidence Management Company I have had a drainage survey done which has indicated no damage as a result of the drains. I have been advised to have an independent building survey done which I am looking into. The trees have not been maintained. They are on private land, so the council will have nothing to do with any dispute. This is not a straightforward issue. My garage is on a busy main road metres away from a busy junction. The garage although integral is to the side of the house and is set on the steep slope, along the boundary line. My garage entrance/exit is directly on to the busy main road. The trees (there is also a horse chestnut plus a few shrubs) are planted in an elevated area rising from start to finish (off the main road) up to about 100" I think.

The garage retains soil from the flank and rear walls so I am assuming this would be considered to be a retaining wall. I am awaiting a copy of my full insurance policy so that I can check if I am covered for this, but I am not raising my hopes.

My course of action is now to:

write to my neighbour, registered delivery of course, complete with a timeframe for a response

ascertain when the trees were planted i.e. before/after my house was built (any information on how I can do this without incurring any additional expense i.e. land registry search).........council wont help for reasons given above

Visit the records office to see if I can get historical information re date of planting

Go back to the Insurance Company to express my concerns, re possibility of damage potentially affecting the stability of my house, other damage to my property, damage to foot passengers, traffic etc., on the public highway

Any advice would be very much appreciated. Many thanks,
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: neighbour's tree

Postby despair » Wed Jan 18, 2017 7:03 pm

start with checking arial photos of the area back as many years as they exist

local library or local history society
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: neighbour's tree

Postby MacadamB53 » Wed Jan 18, 2017 7:19 pm

Hi nashey48,

it of no relevance when the trees began to grow - so you should stop wasting your energy on this point.

what is the only important factor is if you can prove the tree is causing any of the damage and whether this was reasonably foreseeable by the tree owner.

you should make your neighbour aware of the damage to date and notify them that you will pursue them for any further damage - give them a copy of your report to consider.

the proximity of your garage to the highway, whilst may help persuade them to act, is only relevant to you insofar as you alone will be found responsible if e.g. your garage collapses onto the highway.

Kind regards, Mac
MacadamB53
 
Posts: 6033
Joined: Mon Dec 10, 2012 12:13 am

Re: neighbour's tree

Postby nashey48 » Thu Jan 19, 2017 11:06 am

Thanks to both Despair and Macadam for your help. I am now going to start further action. Regards to you both.
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Re: neighbour's tree

Postby arborlad » Thu Jan 19, 2017 12:50 pm

nashey48 wrote: The garage retains soil from the flank and rear walls so I am assuming this would be considered to be a retaining wall.




Possibly, this needs to be investigated further, was your land excavated in order to build into the hillside or has the adjoining land been raised against your garage?

What is the construction of the wall , is it suited to act as a retaining wall?
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: neighbour's tree

Postby Roblewis » Thu Jan 19, 2017 3:52 pm

I am totally with arborlad here. You may find that someone's actions have put your property at risk. I know of no situations where garage walls themselves are designed as retaining structures, one would anticipate a second designed retaining structure to be present.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: neighbour's tree

Postby nashey48 » Thu Jan 19, 2017 6:15 pm

arborlad wrote:
nashey48 wrote: The garage retains soil from the flank and rear walls so I am assuming this would be considered to be a retaining wall.




Possibly, this needs to be investigated further, was your land excavated in order to build into the hillside or has the adjoining land been raised against your garage?

What is the construction of the wall , is it suited to act as a retaining wall?


Cant answer this question I'm afraid. I moved into the house in 1979 with garage in situ and there have been no issues until the last year when I started to notice the cracks getting bigger. The wall is brick built double 9" thick.
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Re: neighbour's tree

Postby nashey48 » Thu Jan 19, 2017 6:21 pm

Roblewis wrote:I am totally with arborlad here. You may find that someone's actions have put your property at risk. I know of no situations where garage walls themselves are designed as retaining structures, one would anticipate a second designed retaining structure to be present.


You may see answer to Arborlad which covers some more information. The slope on which the trees are growing is very steep. Because of the layout of the land, it is not easy to see if there is a second structure perhaps buried under the earth, although I doubt it. As mentioned I have been living in this house since 1979 with no issues regarding my garage until last year.
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Re: neighbour's tree

Postby arborlad » Fri Jan 20, 2017 12:50 pm

nashey48 wrote:
arborlad wrote:
nashey48 wrote: The garage retains soil from the flank and rear walls so I am assuming this would be considered to be a retaining wall.




Possibly, this needs to be investigated further, was your land excavated in order to build into the hillside or has the adjoining land been raised against your garage?

What is the construction of the wall , is it suited to act as a retaining wall?


Cant answer this question I'm afraid. I moved into the house in 1979 with garage in situ and there have been no issues until the last year when I started to notice the cracks getting bigger. The wall is brick built double 9" thick.




How high is the soil against your wall, is there a dpc?
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

information on court claim for nuisance

Postby nashey48 » Tue Apr 18, 2017 3:01 pm

Hi, can anyone please provide further details on the *** text below i.e. article reference. Thank you.

Unlike trespass where damage is not necessary you must be able to prove that damage has already been caused to your property.

***Having said that one Judge has recently granted an injunction because there was "a threat to the stability" of the Plaintiff's house. It would be right to say that the roots had already been allowed to cause damage to a boundary wall of the Plaintiff's property.***
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Re: information on court claim for nuisance

Postby MacadamB53 » Tue Apr 18, 2017 5:59 pm

Hi nashey48,

the members of this forum, of which you are one, don't own the site - we contribute to the forum.

so, if you're interested in the authenticity of that extract which you've lifted from the "Trees" webpage of this site I'd recommend you contact the administrators of the site directly, rather than expecting a member of the forum to answer on their behalf.

Kind regards, Mac
MacadamB53
 
Posts: 6033
Joined: Mon Dec 10, 2012 12:13 am

Re: information on court claim for nuisance

Postby nashey48 » Tue Apr 18, 2017 7:55 pm

Hi Mac,

Thank you for your response. Just for clarification, I was not questioning the authenticity of the extract, nor did I say that. It was a simple question asking for information and advice in order to find out about a legal judgement that was made which would increase my knowledge and understanding of the ruling.

Regards,
nashey48
 
Posts: 7
Joined: Thu Dec 01, 2016 5:04 pm

Re: information on court claim for nuisance

Postby MacadamB53 » Tue Apr 18, 2017 9:57 pm

nashey48 wrote:Hi Mac,

Thank you for your response. Just for clarification, I was not questioning the authenticity of the extract, nor did I say that. It was a simple question asking for information and advice in order to find out about a legal judgement that was made which would increase my knowledge and understanding of the ruling.

Regards,
no worries - hope you get the info you're after
MacadamB53
 
Posts: 6033
Joined: Mon Dec 10, 2012 12:13 am

Re: information on court claim for nuisance

Postby TO » Tue Apr 18, 2017 11:05 pm

TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: information on court claim for nuisance

Postby arborlad » Wed Apr 19, 2017 7:46 am

If this is in connection with your garage walls, it's best continued there: viewtopic.php?t=20630
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Trees

Who is online

Users browsing this forum: Bing [Bot] and 2 guests