Next doors trees damage dads wall

[mendiplogs]

HI ALL WHAT can i do NEXT DOORS TREES ROOTS damage DADS wall what do you think the tree are 30cm off the wall 20ft ht and DADS 73 what do you think jon in sunny somerset

[Alinicoll]

You need to formally notify them ie in writing, of the damage and ask them to sort it out. They are not liable for damage they were not aware of but are liable for damage they are aware of.

[Omniata]

So would that mean that they would be liable for any further damage after being notified?

 

ie: If the wall begins coming down due to the trees they would be liable for it?

[educated arborist]

if polite discussion is failing then you need to 'establish fact' before taking further action, best route is probably to speak to your dads house insurance co.

 

If the tree is phsically pushing the wall then the owner is liable to repear the damage & take remedial action. However if the wall is subsiding on a shrinkable soil due to the trees water uptake then the owner of the tree is not liable. Your nest bet may be to get a local (qualified) tree surgeon/ cunsultant to have a look, where are you based?

[Dean Lofthouse]

Your nest bet may be to get a local (qualified) tree surgeon/ cunsultant to have a look, where are you based?

 

I love that bit..

 

Is that Qualified as in, been in the job 2 minutes but got the paperwork

 

 

Or qualified as in 30 years experience

[educated arborist]

I love that bit..

 

Is that Qualified as in, been in the job 2 minutes but got the paperwork

 

 

Or qualified as in 30 years experience

 

nope, its as in being legaly able to 'establish fact' in a court of law, needing both academic qualifications as well as years of experiance working with trees. There was a case very recently in which the judge critisised the expert whitness' lack of qualifications (and that side lost btw)

[chris cnc]

there are a couple of articles up on the arboricultural association website regarding what to do in this sort of situation. hope it helps

 

FAQ Overview - Arboricultural Association

[arb culture]

If the tree is phsically pushing the wall then the owner is liable to repear the damage & take remedial action. However if the wall is subsiding on a shrinkable soil due to the trees water uptake then the owner of the tree is not liable.

 

Are you sure about that?

[felixthelogchopper]

Are you sure about that?

 

I would have thought that there is a Duty of care issue to be explored.

[Alinicoll]

So would that mean that they would be liable for any further damage after being notified?

 

ie: If the wall begins coming down due to the trees they would be liable for it?

 

Yes, after being informed, the owner is liable for the trespass.