Tree Roots

Post Reply
Kaz
Posts: 11
Joined: Tue Aug 08, 2006 2:47 pm

Tree Roots

Post by Kaz » Tue Aug 08, 2006 3:12 pm

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 insurers. I have legal cover with my insurance and am currently pursuing recompense via that route although my insurers feel it is unlikely that the legal team will take the case on as "they would have to prove the neighbours were negligent". I may be jumping the gun but I am worried that I will get no legal support and will be saddled with the costs of demolishing the wall (as strongly advised as it is dangerous) and replacing it with a fence. The wall is attached to two other neighbours walls that are also leaning because of these trees. It seems outrageous that our neighbours could get off scott free, surely allowing trees in an average garden to grow two times the height of a house is negligence in itself. How can I get the responsible neighbours to pay for this damage.

despair
Posts: 16411
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Tue Aug 08, 2006 4:01 pm

All 3 neighbours suing for the costs of demolishing / replacing the wall with a fence ( because no point replacing the wall ) could easily be done via Small Claims Court
You should be able to file a joint claim if the total cost is less than the £5000 ? maximum allowed

Kaz
Posts: 11
Joined: Tue Aug 08, 2006 2:47 pm

Post by Kaz » Tue Aug 08, 2006 6:34 pm

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?

despair
Posts: 16411
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Tue Aug 08, 2006 7:10 pm

Theres even an online form of SCC

its part of the Government Court Service
You have a structural engineers report ..........unless the other side produce irrefutable evidence to the contrary which is doubtful since willow trees should be planted near water along a river bank not in clay type soils or near brick walls and sure as heck should not be allowed to grow to the kind of height you describe

Kaz
Posts: 11
Joined: Tue Aug 08, 2006 2:47 pm

Post by Kaz » Wed Aug 09, 2006 8:51 pm

Thanks for your comments - will keep you posted

Kaz
Posts: 11
Joined: Tue Aug 08, 2006 2:47 pm

Post by Kaz » Thu Sep 21, 2006 5:40 pm

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 a surveyor or tree specialist etc).

Do I have any hope of success in the small claims court?

despair
Posts: 16411
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Thu Sep 21, 2006 9:34 pm

Hmmmmmmmmmmmm

sounds like another case of the law being an ass

i guess the legal team should know but it sure does not seem in any way fair

I always understood it was "what any diligent person /landowner should know " not what a surveyor should know

andrew54
Posts: 6994
Joined: Wed Dec 14, 2005 7:25 pm
Location: north yorkshire

Post by andrew54 » Thu Sep 21, 2006 9:42 pm

despair wrote: I always understood it was "what any diligent person /landowner should know " not what a surveyor should know
Exactly. The legal team are arguing that any diligant person would not know. Only a surveyor would know. So you (despair) are agreeing with this legal team.

I would not agree. I think anyone would realise that a big tree next to a small wall might cause problems.

Take it to the small claims court. How much does it cost if you lose?

carpinus
Posts: 818
Joined: Thu Dec 29, 2005 4:17 pm
Location: east anglia

Post by carpinus » Fri Sep 22, 2006 9:35 am

Just the fee, being 10% of the amount claimed.

Post Reply