Motoring2 mins ago
Forced Into A Position Of Liability For Future Civil Damages
I share a brick garden party wall with two neighbours. A line of Leylandii trees on our land very close to the wall has caused it to lean into the neighbours properties in a dangerous way and a section has already collapsed. We are not yet in actual dispute about a replacement but we don't want a another wall as the damage will occur again in a few years. Can I be compelled to share the building of a new wall as opposed to a fence, which would not cause a problem, as we will be liable for damages with a wall? None of us wants to remove the trees for privacy reasons but as a last resort we will have to do this. Can we prevented from removing the trees on grounds of loss of privacy and loss of value?
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No best answer has yet been selected by jonwilkie. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.The wall is there for both parties enjoyment. Just because your property is causing damage to his enjoyment of the wall shouldn't mean you get to say it should be of a shoddier and less robust nature. It will happen to a fence more often and in the long run cost just as much.
There are ways to ensure Leylandii don't become a problem and that is to stop them growing up. Tope the top and they bush out rather than up.
However
Rebuild the wall but put in robust root guards. That way the roots won't be a problem.
There are ways to ensure Leylandii don't become a problem and that is to stop them growing up. Tope the top and they bush out rather than up.
However
Rebuild the wall but put in robust root guards. That way the roots won't be a problem.
you have accepted your leyandii caused damage
not planted by your good selves by any chance ?
I think this is covered by the law of delapidation
q1 Can I be compelled to share the building of a new wall as opposed to a fence, which would not cause a problem, as we will be liable for damages with a wall? - yes - from what you say - it is gonna be more than half
q2 Can we prevented from removing the trees on grounds of loss of privacy and loss of value?
unclear question if you re read it - but the answer is no
possibly
Can we be prevented from removing the trees on grounds of loss of privacy and loss of value? - to which property, your own ? no - theirs ? are you joking ? it is causing damage and if they prevent removal of the leylandii then they are taking on future losses themselves
possibly
Can we prevent the removing the trees on grounds of loss of privacy and loss of value? - since the trees you agree are causing collapse then I say no - esp the loss of value bit as the trees are in fact causing loss of value
In short you know what is wrong and what has caused it
and the simplest cheapest thing is to uproot the trees and replace/repair the wall.
in terms of the title: Forced into a position of civil liability for future damages ... - excuse me - did anyone hold a shot gun over you as the trees were planted ? No one has forced anything
read this and your blood will run cold ...
http:// www.inb rief.co .uk/nei ghbour- dispute s/damag e-cause d-by-ro ots/
not planted by your good selves by any chance ?
I think this is covered by the law of delapidation
q1 Can I be compelled to share the building of a new wall as opposed to a fence, which would not cause a problem, as we will be liable for damages with a wall? - yes - from what you say - it is gonna be more than half
q2 Can we prevented from removing the trees on grounds of loss of privacy and loss of value?
unclear question if you re read it - but the answer is no
possibly
Can we be prevented from removing the trees on grounds of loss of privacy and loss of value? - to which property, your own ? no - theirs ? are you joking ? it is causing damage and if they prevent removal of the leylandii then they are taking on future losses themselves
possibly
Can we prevent the removing the trees on grounds of loss of privacy and loss of value? - since the trees you agree are causing collapse then I say no - esp the loss of value bit as the trees are in fact causing loss of value
In short you know what is wrong and what has caused it
and the simplest cheapest thing is to uproot the trees and replace/repair the wall.
in terms of the title: Forced into a position of civil liability for future damages ... - excuse me - did anyone hold a shot gun over you as the trees were planted ? No one has forced anything
read this and your blood will run cold ...
http://
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