Neigbours tree has cracked my pillar off the wall..

[mondyman]

Hi all

I'm building a retaining wall around a section of my front garden so i can lawn it for the children.

I have one long wall left to build from my pillar on my steps to the boundary wall pillar.

Unfortunately the neighbours tree has totally cracked the pillar off the wall as it is growing diagonally against the pillar in their garden and forcing it sideways and outwards.

From the pics you'll see theres about a 5ft drop to the pavement and theres a lot of children in this street and if that topples someone could be seriously hurt if they are caught by it.


Relations have been strained between us for sometime due to other things they have done to us in the past ( check out some of the posts on here !!! )

So the question is how do i proceed...whats my next step to try to finish the wall without getting murdered in the process !!

Any advice gratefully received..Mondy

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• mondyman
• 21 Sep 2009
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• mondyman
• 21 Sep 2009
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• mondyman
• 21 Sep 2009
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• mondyman
• 21 Sep 2009
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• mondyman
• 21 Sep 2009
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[freddiemercurystwin]

You have to remove the tree and try and repair the wall (ie rebuild that bit) or remove that section of wall and rebuild it with one thats thinner with a gap between them. At least that's the solution, how you arrive at that if as you have dodgy relations with your neighbour is another thing. One thing is for sure though, it will get worse and may fall off and could easily kill let alone hurt a kiddy and you have a duty to try to do something about it. Is it your wall or your neighbours or is it shared?

 

[mondyman]

I think it's my wall , butim not 100% sure...if it is mine and the neighbours tree has done the damage then is he liable for the repair work ?

I've had so much crap from them ove rthe last few years a little bit more isn't going to make any difference..

Think Victor Meldrews miserabler brother and you've got a mental picture of him....sigh

 

[freddiemercurystwin]

Hmm, you'll have to find out then, I'd head over here if it was me: http://www.gardenlaw.co.uk/phpBB2/index.php

 

[mondyman]

Ben there last few days can't find nothing exact matching this...i've got my insurance loss adjuster coming out tomorrow to assess the damage and see who is to blaim.

I can't possibbly see how it could be us as the tree has caused the damage and it's growing in next doors garden.

The time for talking to these people is long gone...i have the patience of a saint m8 but they've worn it out long ago...

Ill post an update after i learn what she has to say,,,( weds )

 

[Bankrupt]

As this is adjacent to a public footpath surely you should get the council involved ?

 

[ColJack]

clearly not your wall.. the pilar goes into their garden so it's their pillar..
as for the tree.. it was there first..
the pillar has obviously been built arround it.. cutting the blocks and cap to suit..

 

[mondyman]

Thats what i'm nor sure of Jack ..just who is liable if the pillar topples onto the kerb as someonesd walking past.

And also if i build my rockface block wall along to the pillar and the pillar eventually cracks my wall where do i stand...

 

[mondyman]

Insurance came out and had a look , basically said it was there wall like Jack said earlier as the pillar projects into their garden.

She said the best case scenario is the council to come and inspect it as its leaning over a public byway ( pavement ). As to building my wall iv'e spoken to my builder and he said he'll build my wall and leave a space of an inch at the end of the wall in case of any future movement my side..
Inside the face block wall he will lay concrete slabs flat down 2 deep to support the pillar as these will be covered by the soil and lawn anyway ..

Don't know if i can be bothered to ring the council i'l just build my wall and make sure its safe and away from their pillar and when it eventually collapses...well im going to go and lie down under the rubble and say i was strolling past !!!!

 

[JohnD]

you probably owe a duty of care to passers-by who may be injured, as you are aware of the hazard.

also you don't want to be blamed for causing it to crack or fall by your building work.

 

[freddiemercurystwin]

Don't know if i can be bothered to ring the council

Jeez, if you can't even be bothered to do that, lets hope it doesn't fall on someone you know.

 

[ColJack]

you'll sing a different song if it's your kids it falls on..

you're as bad as my sister in law..

took the kids swimming and afterwards was talking to one of her sisters ( big family outing .. ).. their kids were running riot and climbing up the stairs to the viewing gallery..
my nephew was sliding down the banister and went over the wrong side falling about 12 foot down the stairwell..
split his head and was in hospital for a few days..
SHE blamed the swimming baths claiming that they should have had some kind or barrier to stop people falling down the stairwell.. ( it's called a bannister... stupid woman.. )...
refused to claim any blame herself for not watching them..
in the end she got the baths shut down.. ( her brother is a local coincilor.. they sold the land for development.. sure he had a hand in it influenced by her.. )...

anyway..moral of the storey, don't expect everyone else to look after your kids.. protect them any way you can.. that includes reporting dangerous situations like unstable walls near your home..

 

[mondyman]

theyve taken the pillar down now to re build it...think they realised when they saw how bad it was...

 

[^woody^]

The owner of a tree is responsible for any damage the tree roots cause.

The council or Highways Authority - which may not be the council, are not interested in maybes and could dos. The wall would have to be presenting a clear danger before they get involved - and even then it is just a letter "request" to the owner unless something is so bad as to be interfering with passage along the highway