Garden Law Discussion

Ask yourself...If the trees come down and kill someone, how will you feel then. Can't you accept that your area has changed and the height of these trees is unacceptable in a built up area.

Actually, the only reason the civil engineer has become involved is via the neighbours insurers - prompted by a previous letter from us. We share the same civil engineers via our insurers (who are the same) and the insurers do not want to know but the neighbours do not seem to grasp this fact. This ...

Well - someone's not playing ball!! I have sent my neighbours a registered letter putting them on notice - and I have quoted Delaware Mansions - I await their response. Strangely enough, the only letter I have received from my neighbours in this connection asked me to deal directly with their repres...

The engineers report says "it is my opinion that the damage to the boundary wall at the bottom of the garden has been caused by the two large willow trees (now removed) in the neighbouring garden" As you can see the engineer states that the trees have been removed and they have not they have merely ...

Thanks for your responses. I am concerned over the issue of the remaining stumps as their civil engineer claims that they are not a threat because they have been cut down and are no longer absorbing as much water from the ground - so are you saying that the roots will continue to spread even when th...

Hi, I wrote some time ago about the wall in my garden that has been subsided by my neighbours willow tree roots (as confirmed by Civil Engineer). Willow trees have been cut down to approx 3' stumps and have fresh shoots. My insurance does not cover the wall as it is not attached to my house. I have ...

I am not the only sorry individual who is exasperated at the lack of justice on this topic then. I also have a neighbour who is avoiding financial liability on a tenuous claim of ignorance. I too am expected to foot the £2,500 bill for my wall to be demolished and to add insult to injury my insuranc...

I have today at last received a response from the legal team who say they are unable to help me. They are adamant that I will not have any success in the small claims court as I would have to prove that my neighbours could have known the damage that would be caused by these trees (i.e. if they were ...

Thanks for your comments - will keep you posted

Thanks, hopefully it won't come to that but I don't hold out too much hope. If it does go to SCC will settlement still depend on proving negligence or is that irrelevant?

Roots from a neighbours willow trees have caused subsidence to my garden wall, as confirmed by structural engineers. The wall is not attached to my house and therefore I have no insurance cover. My neighbour and I share the same insurer so I cannot pursue a 3rd party liability claim according to my ...