Tree Damaging My Wall
Discussion
I wonder if anyone here can advise me what to do. There’s a single skin wall between us and our neighbour. A long crack has appeared in the wall adjacent to a tree on the neighbours side probably caused by the tree roots. Just to complicate the matter we live in a conservation area so permission has to be obtained to remove a tree. I’d add that the deeds are silent on ownership of the wall.
Anyone here got any experience of this? I haven’t approached the neighbours yet.
Anyone here got any experience of this? I haven’t approached the neighbours yet.
Here's some opinion after my research from a very similar situation.
Hopefully you get on with your neighbours / they are reasonable people. How close is the trunk of the tree to the wall? Guessing there is no TPO? Is it a retaining wall?
Firstly you should inform them that the tree is likely damaging the wall. If they are not aware, then cannot expect them to help. From this point it becomes their problem too.
It may be useful to obtain a professional opinion that it is the tree that has caused the damage.
You can submit a tree application with or without the support of the neighbour. The supporting opinion may be useful to persuade the tree officer, though if it's obvious then may not be necessary. For a general tree application they would consider the benefit the tree brings to the conservation area - the wider context is not clear from the photo, but if it's not visible from a public road / footway, then objection becomes less likely.
The tree officer can either approve the application, or respond with a TPO. If there is likely cause and effect with property damage, the council could become liable for further damage so they would be unlikely to go for a TPO.
What comes next is between you and your neighbour. Ideally they would pay for their tree to be removed and, if the deeds are silent on wall ownership, you go 50-50 on the rebuild. In real life you may end up having to pay a higher proportion. Either way the total cost is probably less than the hassle of any legal involvement.
Hopefully you get on with your neighbours / they are reasonable people. How close is the trunk of the tree to the wall? Guessing there is no TPO? Is it a retaining wall?
Firstly you should inform them that the tree is likely damaging the wall. If they are not aware, then cannot expect them to help. From this point it becomes their problem too.
It may be useful to obtain a professional opinion that it is the tree that has caused the damage.
You can submit a tree application with or without the support of the neighbour. The supporting opinion may be useful to persuade the tree officer, though if it's obvious then may not be necessary. For a general tree application they would consider the benefit the tree brings to the conservation area - the wider context is not clear from the photo, but if it's not visible from a public road / footway, then objection becomes less likely.
The tree officer can either approve the application, or respond with a TPO. If there is likely cause and effect with property damage, the council could become liable for further damage so they would be unlikely to go for a TPO.
What comes next is between you and your neighbour. Ideally they would pay for their tree to be removed and, if the deeds are silent on wall ownership, you go 50-50 on the rebuild. In real life you may end up having to pay a higher proportion. Either way the total cost is probably less than the hassle of any legal involvement.
Edited by onedsla on Friday 7th May 11:06
onedsla said:
Here's some opinion after my research from a very similar situation.
Hopefully you get on with your neighbours / they are reasonable people. How close is the trunk of the tree to the wall? Guessing there is no TPO? Is it a retaining wall?
Firstly you should inform them that the tree is likely damaging the wall. If they are not aware, then cannot expect them to help. From this point it becomes their problem too.
It may be useful to obtain a professional opinion that it is the tree that has caused the damage.
You can submit a tree application with or without the support of the neighbour. The supporting opinion may be useful to persuade the tree officer, though if it's obvious then may not be necessary. For a general tree application they would consider the benefit the tree brings to the conservation area - the wider context is not clear from the photo, but if it's not visible from a public road / footway, then objection becomes less likely.
The tree officer can either approve the application, or respond with a TPO. If there is likely cause and effect with property damage, the council could become liable for further damage so they would be likely to go for a TPO.
What comes next is between you and your neighbour. Ideally they would pay for their tree to be removed and, if the deeds are silent on wall ownership, you go 50-50 on the rebuild. In real life you may end up having to pay a higher proportion. Either way the total cost is probably less than the hassle of any legal involvement.
Thanks for that. I’d need to view from my neighbours property to be certain but the tree seems to be touching the wall. It’s not visible from the road and not a retaining wall.Hopefully you get on with your neighbours / they are reasonable people. How close is the trunk of the tree to the wall? Guessing there is no TPO? Is it a retaining wall?
Firstly you should inform them that the tree is likely damaging the wall. If they are not aware, then cannot expect them to help. From this point it becomes their problem too.
It may be useful to obtain a professional opinion that it is the tree that has caused the damage.
You can submit a tree application with or without the support of the neighbour. The supporting opinion may be useful to persuade the tree officer, though if it's obvious then may not be necessary. For a general tree application they would consider the benefit the tree brings to the conservation area - the wider context is not clear from the photo, but if it's not visible from a public road / footway, then objection becomes less likely.
The tree officer can either approve the application, or respond with a TPO. If there is likely cause and effect with property damage, the council could become liable for further damage so they would be likely to go for a TPO.
What comes next is between you and your neighbour. Ideally they would pay for their tree to be removed and, if the deeds are silent on wall ownership, you go 50-50 on the rebuild. In real life you may end up having to pay a higher proportion. Either way the total cost is probably less than the hassle of any legal involvement.
I’m not aware of a TPO but it’s a conservation area.
I haven’t spoken with the neighbour about this yet, I only noticed the crack yesterday.
quite simple really something i deal with all the time
first don't fall out over it, its simply not worth it
in simple terms the tree owner is responsible for his tree, its safety and well being and for any damage it does.
Make an insurance claim or make a claim against him and he can then pass it on to his insurer and benefit from the third party liability extension - then the insurer or loss adjuster will sort it all out
alternatively if you want to know its the tree, dig a trial hole around the seat of damage. You'll probably need to make a 211 notice via the planning portal as the legal protection of the CA extends to roots as well as branches.
the LPA has three options
ignore you and after 42 days you get on with it, write to you telling you have two years to undertake the work notified; or; put a TPO on the tree
if a TPO is on the tree you need to apply for formal permission giving reasons and wait eight weeks and object to the TPO
it may be the case that under Reg 14 The Town and Country Planning (Tree Preservation)(England) Regulations 2012 the works are exempt but you'll need a planning solicitor to advise if that exemption applies
once you know the answer about the cause of damage you can decide on the repair method
fingers crossed it 'aint the tree
first don't fall out over it, its simply not worth it
in simple terms the tree owner is responsible for his tree, its safety and well being and for any damage it does.
Make an insurance claim or make a claim against him and he can then pass it on to his insurer and benefit from the third party liability extension - then the insurer or loss adjuster will sort it all out
alternatively if you want to know its the tree, dig a trial hole around the seat of damage. You'll probably need to make a 211 notice via the planning portal as the legal protection of the CA extends to roots as well as branches.
the LPA has three options
ignore you and after 42 days you get on with it, write to you telling you have two years to undertake the work notified; or; put a TPO on the tree
if a TPO is on the tree you need to apply for formal permission giving reasons and wait eight weeks and object to the TPO
it may be the case that under Reg 14 The Town and Country Planning (Tree Preservation)(England) Regulations 2012 the works are exempt but you'll need a planning solicitor to advise if that exemption applies
once you know the answer about the cause of damage you can decide on the repair method
fingers crossed it 'aint the tree
wa16 said:
quite simple really something i deal with all the time
first don't fall out over it, its simply not worth it
in simple terms the tree owner is responsible for his tree, its safety and well being and for any damage it does.
Make an insurance claim or make a claim against him and he can then pass it on to his insurer and benefit from the third party liability extension - then the insurer or loss adjuster will sort it all out
alternatively if you want to know its the tree, dig a trial hole around the seat of damage. You'll probably need to make a 211 notice via the planning portal as the legal protection of the CA extends to roots as well as branches.
the LPA has three options
ignore you and after 42 days you get on with it, write to you telling you have two years to undertake the work notified; or; put a TPO on the tree
if a TPO is on the tree you need to apply for formal permission giving reasons and wait eight weeks and object to the TPO
it may be the case that under Reg 14 The Town and Country Planning (Tree Preservation)(England) Regulations 2012 the works are exempt but you'll need a planning solicitor to advise if that exemption applies
once you know the answer about the cause of damage you can decide on the repair method
fingers crossed it 'aint the tree
Thank you, that’s really useful. I haven’t spoken with the neighbour yet and don’t know the guy very well, he only moved in a few months ago. I wanted to get my facts straight first.first don't fall out over it, its simply not worth it
in simple terms the tree owner is responsible for his tree, its safety and well being and for any damage it does.
Make an insurance claim or make a claim against him and he can then pass it on to his insurer and benefit from the third party liability extension - then the insurer or loss adjuster will sort it all out
alternatively if you want to know its the tree, dig a trial hole around the seat of damage. You'll probably need to make a 211 notice via the planning portal as the legal protection of the CA extends to roots as well as branches.
the LPA has three options
ignore you and after 42 days you get on with it, write to you telling you have two years to undertake the work notified; or; put a TPO on the tree
if a TPO is on the tree you need to apply for formal permission giving reasons and wait eight weeks and object to the TPO
it may be the case that under Reg 14 The Town and Country Planning (Tree Preservation)(England) Regulations 2012 the works are exempt but you'll need a planning solicitor to advise if that exemption applies
once you know the answer about the cause of damage you can decide on the repair method
fingers crossed it 'aint the tree
I just took a look at the base of the crack as pictured below. It starts right at the base of the tree, where the root will be.
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