Neighbour's tree has damaged shared boundary wall

[DavidT4]

Hi, I'm hoping for some advice please. My neighbour's tree is about 25 feet tall and is causing the shared boundary 6ft brick wall to lean dangerously. I have tried emailing them regarding the issue as the property is rented and the landlord does not live locally and I have had no response. I've even contacted my local council but they have ignored my emails and I therefore believe that my only option is to take them to the small claims court to resolve this issue. I have small children and can't let them use the garden due to the danger posed by this wall. I have a report compiled by a tree surgeon confirming that the tree has caused the damage and, if not removed, will cause the wall to collapse. Do I need to instruct a surveyor to work out the rebuild costs of the wall or can I use builder's quotes? Also, do I have to have the work carried out and then claim for the costs or can I claim for the costs based on quotes prior to having the work carried out? As the tree is on their land I'll need their permission for a tree surgeon to access the land. Can the court force the owner to allow access?

[45002]

Hi, I'm hoping for some advice please. My neighbour's tree is about 25 feet tall and is causing the shared boundary 6ft brick wall to lean dangerously. I have tried emailing them regarding the issue as the property is rented and the landlord does not live locally and I have had no response. I've even contacted my local council but they have ignored my emails and I therefore believe that my only option is to take them to the small claims court to resolve this issue. I have small children and can't let them use the garden due to the danger posed by this wall. I have a report compiled by a tree surgeon confirming that the tree has caused the damage and, if not removed, will cause the wall to collapse. Do I need to instruct a surveyor to work out the rebuild costs of the wall or can I use builder's quotes? Also, do I have to have the work carried out and then claim for the costs or can I claim for the costs based on quotes prior to having the work carried out? As the tree is on their land I'll need their permission for a tree surgeon to access the land. Can the court force the owner to allow access?

I would check 1st to see if there a "TPO" tree preservation order on the tree.

https://www.trees.org.uk/Help-Advice...tion-for-trees

[des8]

Also check to see who is responsible for maintenance of the wall.
Although it could be a joint responsibility, it might not be!
place to start is land registry. (https://eservices.landregistry.gov.u...EnquiryInit.do)
Once the plan is received you can see if there are “T”s on any of the boundaries. A “T” shown on the inside of the boundary line indicates the ownership and responsibility to maintain it – be it e.g. a wall or a fence. If the “T” is matched by another “T” on the boundary so it looks like a “H”, this shows the boundary to be a party wall/fence. This means joint responsibility for the maintenance of the wall/fence.

You may cut back to the boundary the tree roots

[DavidT4]

The tree has no TPO on it and land registry have no record of who owns the wall but have said that usually means it is a shared boundary. Should that matter though if it's the neighbour's tree that has caused the damage? Here is an excerpt from the tree surgeon's report:

"The tree which has grown against the wall has grown to a size of which has undermined the integrity of the wall rendering the wall dangerous. There is an obvious lean which has been caused by the ground lifting due to the size of the tree at base level and if continued to grow the wall will finally succumb and fall. This is dangerous to the occupants of ********* who resides with small children."

[des8]

Have you seen a copy of the plans for your property or just spoken to a person at Land Registry.
Land Registry staff aren't supposed to give any advice at all, and if you are reporting what they told you it is basically naff!
Boundaries are shared, that is agreed and self evident, it doesn't flow from the existence of the wall.
Walls are normally (but not always) built on one side of the boundary.

As the tree is causing a danger I would obtain quotes for remedial works to be carried out.
Then write to the owner of the property (get a free certificate of posting)
Tell him of the dangers posed by his tree and tell him you anticipate he will carry out remedial works.
Tell him you have costed the works at £XX (include the quotes and reports you have) and if he does not rectify the matters you will.
You will then seek to recover costs and damages from him.

[DavidT4]

Thank you for your advice DES8. As I first made contact in Sep 2017 and heard nothing, can I put a time limit on them starting the work or, at the very least, contacting me? Also, I cannot rectify the matters without their permission as the tree is in their garden.

[des8]

Certainly limit the time for them to make a response before moving forward.

Assuming it is the roots of the tree that are causing the problem, as they extend on to your land you may sever them without the owner's permission, but
if the tree trunk is causing the damage and making the wall dangerous the Local Government (Miscellaneous Provisions) Act 1976 – Sections 23 & 24 [Dangerous Trees] gives the Council discretionary powers to deal with it.
Following a written request to the Council from you to make the tree & wall safe the Council should carry out a site visit and establish whether the relevant circumstances apply and if necessary instigate the appropriate action.

I know you have already approached the council, but i would try a last written request and involve your local councillor.
Have him round to view the situation.

If none of this produces a result you will have to consider a county court action along the lines of Khan v Harrow LBC and Kane,