Neighbours tree roots knocked down my wall/outhouse!

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21 Feb 2009
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Nottingham
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United Kingdom
I live in a Victorian Terrace, with back gardens that back onto other terrace gardens! A couple of years ago I came downstairs to see that my garden was full of the remains of my old outhouse (and half of the neighbours'!) and the rest of the garden wall.

The gardens that back onto ours are about 4 1/2 feet higher than ours and immediately behind mine there is a veteran Sycamore and Silver Birch about 2' from the "ledge". The outhouses and wall were always at a jaunty angle, and since I sorted, cleaned and disposed of the debris I discovered at the foot of the wall was a root from the sycamore that travelled its full length. It is obvious to all that this caused the collapse.

Since this collapse, the gardens backing onto mine have begun erroding and filling my garden with, well, their gardens, making mine almost unusable! At the same time I have been getting grief from the other three parties about rectifying the problem, as they are sick of looking at the eyesore!

Insurance companies have been consulted but they are all refusing to do anything as no "house" has sustained any damage. But they have all assured us that it is a joint wall and problem between all of us (as the gardens are staggered).

I have had quotes upwards of 2k to fix this, which, frankly, I cannot afford! Does anyone have any advice on where I should go now? As I seem to be the only person out of us that is now lacking a garden, I seem to be the only person interested in doing anything, but with the roots causing the damage, can I force contributions towards the cost?

Any advice given will be HUGELY appreciated!!

Thanks.
 
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You may get better advice over at www.gardenlaw.co.uk as they deal with these issues more often.

But if the wall is supporting the land that is higher than yours, it is the responsibility of the landowner who's land it is supporting.

Any damage caused by a neighbours trees is the responsibility so seeking legal assistance would be the next step, do you have this with your insurance too?

Check your insurance policy as some also include garden walls etc.

As I said, ask at gardenlaw.

M.
 
Thanks for the quick reply!

Will try Gardenlaw and hopefully I can get things moving and enjoy the summer in my own garden!!
 

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