Hedge on my property caused damage to neighbours garden wall

Hedge on my property caused damage to neighbours garden wall

Postby geoffrey_packer » Fri Sep 22, 2017 2:03 pm

Hello,

I have an issue with my neighbour, which is all amicable at the moment. Hopefully it will remain this way, but looking for advise.

The front garden wall, which is my neighbours is parallel with path to front doors of both properties.

On our side we have 2 bushes, well established, been there for a long time. Been in the property 10 years so, hedge there when we moved in. When trimming the bushes and spotted neighbour have offered to cut the hedges down, but was told not to bother, 'its the only thing holding the wall up'

Wall is leaning, seemingly these 2 bushes are part of the problem.

My argument is the neighbours rain water guttering empties into a brick gully running parallel with the wall. This gutter serves approximately half of a 3 bedroom detached house. The brick gully is blocked at the road end. I have stated that the undoubtedly non-existent foundations have subsided due to being water logged. The property is approximately 90 years old. Wall is original. Looking at the rest of the street, other walls are leaning with no plants, although our situation is the worst.

Neighbors wants to re-do her path, but builders want her to replace the wall. We are being blamed for leaning wall, and being asked to pay for the cost to replace said wall.

I obviously don't really want to pay. What do you guys advise I do? I would like to avoid a legal route, we all seem to get on at the moment!!
As a minor note, the neighbor has not maintained any fencing in the back garden which is all collapsing due to ivy. We also have passion flower growing all over our garage from her property. Can I use this as leverage somehow?

Thanks Geoff

wall01.jpg

wall02.jpg

wall03.jpg
You do not have the required permissions to view the files attached to this post.
geoffrey_packer
 
Posts: 3
Joined: Mon Sep 18, 2017 2:13 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: Hedge on my property caused damage to neighbours garden

Postby MacadamB53 » Fri Sep 22, 2017 3:21 pm

Hi geoffrey,

the wall looks okay to me - from the photo.

might not be the case, but it could be an unscrupulous contractor...

...do you have more details about why the wall needs to be removed before the path can be relaid?

kind regards, Mac
MacadamB53
 
Posts: 6070
Joined: Mon Dec 10, 2012 12:13 am

Re: Hedge on my property caused damage to neighbours garden

Postby ukmicky » Mon Sep 25, 2017 2:17 am

Legally you do not have to pay to rebuild the wall unless you fail to take action within in a reasonable period of time once you become aware the bushes were causing damage . If you offered to remove the bushes and the offer was rejected you are not liable for any future damage .


Your best way forward now is to send a very nice and friendly letter offering to remove your bushes to prevent future damage if they wish but warning them that if they take up your offer, as the bushes are providing support to the wall you would not then be liable if once that support was removed the wall gives way.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4562
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Hedge on my property caused damage to neighbours garden

Postby geoffrey_packer » Mon Sep 25, 2017 3:41 pm

Hello,

Thanks for the advise, I was nervous that I wouldn't get any response. Most people seem to be on the other side of the fence :lol:

the wall is definitely leaning!

wall04.jpg


wall05.jpg


@ukmicky, I will try the letter. My wife and mother in law say they witnessed me offering to cut it down. A bit biased I guess.

Apologies for the pun, just couldn't help myself!
You do not have the required permissions to view the files attached to this post.
geoffrey_packer
 
Posts: 3
Joined: Mon Sep 18, 2017 2:13 pm

Re: Hedge on my property caused damage to neighbours garden

Postby ukmicky » Tue Sep 26, 2017 12:17 am

Based on the pictures showing the end of the wall , its just an old wall with bad foundations that have become soft and its lean has nothing to do with the bushes. Even the bricks on both paths have sunken.


Keep it friendly
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4562
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Hedge on my property caused damage to neighbours garden

Postby MacadamB53 » Tue Sep 26, 2017 7:47 am

MacadamB53 wrote:Hi geoffrey,

the wall looks okay to me - from the photo.

might not be the case, but it could be an unscrupulous contractor...

...do you have more details about why the wall needs to be removed before the path can be relaid?

kind regards, Mac
to clarify: the wall looks okay - it's leaning, but still okay.

my advice above still stands (just like the wall :D ) and ukmicky's advice is always good IMHO.
MacadamB53
 
Posts: 6070
Joined: Mon Dec 10, 2012 12:13 am

Re: Hedge on my property caused damage to neighbours garden

Postby geoffrey_packer » Tue Sep 26, 2017 1:50 pm

Thanks for the advise everyone, you have all been extremely helpful.
geoffrey_packer
 
Posts: 3
Joined: Mon Sep 18, 2017 2:13 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.
 

Return to Walls

Who is online

Users browsing this forum: No registered users and 3 guests