Who should remove trees / shrubs on neighbouring land damaging my wall

[wbmkk]

I own an extra garage, which is separate to my house so is not insured. The boundary wall is leaning outwards, so I am about to get the wall and foundation replaced.

The subsidence making the wall lean has been caused due to trees / shrubs on the neighbouring property. These are not 'official planted' trees etc, but have just sprouted up over the years and gotten out of hand. I know this as somebody living nearby the garage had similar problems, but luckily that process was handled by his insurance. The shrubs etc were removed, the wall (a boundary wall in that case) was removed, as was the foundation. Both were replaced. Overall, the process took a couple of years from start to finish.

I'm happy just to pay for the wall repair myself, but was wondering who must remove the shrubs / trees. One tree seems to be growing right under the foundation. the trunk is actually touching my garage wall and who must pay. I'm sure all the shrubs would fill a skip by themselves and I know skips don't come cheap.

Should I write to the owner of the land and tall them / I mean ask them to get the trees moved. I can imagine they will delay this for quite a while. I need to use the garage now, so don't want to be waiting for months and months.

Finally, what is the rule regarding access to this private land. Obviously building a wall etc will need access.

The private land next to my garage is owned by a golf club

 

[Hugh Jaleak]

Possibly a question for http://www.gardenlaw.co.uk/phpBB2/index.php AFAIK you are entiled to write to the owner of said property, 'Putting them on notice' that you intend to enter the property to carry out works, although quite where you stand digging roots out etc you'll have to check.

 

[^woody^]

The owner of the land on which the shrubs/trees are growing is responsible for them - responsible for removing them and responsible for any damage they might cause by roots or ground shrinkage.

You can not enter their land to do anything, but you can trim roots and branches right up the the boundary line. You can't serve a notice and enter anyones land.

Walls can be rebuilt from your side of the boundary. How good this looks from the neighbours side depends on how good your brickies are. Otherwise there is legislation that you can use to force an unco-operative landowner to let you in - The Access to Neighbouring Land Act 1992.

Even if uninsured, you can make a claim yourself in the county court (aka small claims) for the damage caused to your property. It will only cost you the application fee and each party pays his own costs win or lose.

 

[Footsoldier888]

The trouble is it is not easy to prove the causation of damage.

A surveyor told me a tree very close is not generally a threat to a foundation if the foundation predates the tree. But this is general guidance only and it must depend on the tree type. Hopefully not an oak!

You might want to consult a tree expert so as to get an expert witness statement should you go for damages. If you make a claim you might be able to use the legal cover on your insurance if you have that, it is sometimes an extra I think.

 

[^woody^]

A surveyor told me a tree very close is not generally a threat to a foundation if the foundation predates the tree. But this is general guidance only and it must depend on the tree type. Hopefully not an oak!

Most damage is caused by water extraction by roots (ie ground movement) rather than the roots themselves moving foundations, so any foundation can be affected. There are published tables of what trees and shrubs do damage at set ages and distances from foundations, and in the absence of any other influence, it is usual to determine that a tree shrub is the most likley cause.

 

[Footsoldier888]

Are these the NHBC tables woody? I would be keen to look if they were free but are they 'paid for' content???

I have only ever seen the general distance ones that don't include age.

Would be good to see a pic from the OP, or hear the age and species.

 

[tomfe]

I would be keen to look if they were free but are they 'paid for' content??

NHBC ...
https://www.broxbourne.gov.uk/sites...tandards Chapter 4 Foundations April 2010.pdf