WikiWirral Share a Little Learn a Lot about your Wirral
Forum Stats
12251 Members
65 Forums
72897 Topics
982688 Posts
44 posts in the last 24hrs
Max Online: 7831 @ 8th Apr 2013 4:18pm
Who's Online - Click Me
87 registered (alan128, 14 invisible), 1908 Guests and 265 Spiders online.
Key: Admin, Global Mod, Mod
Social Media : Follow Us


(Views 7days)This Weeks Most Read
Boom : New Ferry Explosion 1772
Incident at Westminster 1581
Martin Mcguinness dies 745
Council tax bill for this year 2017 520
Offset number plates 505
Port Sunlight 348
What does this all mean? 252
Huge Gas Explosion in New Ferry Sat 25/03/17 247
black contiboard locally? 241
Planet Earth Tonight 229
New General Forums
hi
by norma67
07:42 PM
Clocks go Forward
by Mark
25th Mar 2017 3:01pm
Mannequin Challenge AKA MRI Scan
by fish5133
24th Mar 2017 11:20am
Surely the most honest add.....
by buddy
20th Mar 2017 5:43pm
New Wirral History
William Bernard's building, Birkenhead
by yoller
20th Mar 2017 4:27pm
1882 Plan of the borough of Birkenhead and Wards
by Dave_Wood
19th Mar 2017 11:57am
New Brighton Coop
by Mike_White
9th Mar 2017 12:48pm
Tranmere High School for Girls 1882 Chesnut Grove
by sarah708
6th Mar 2017 8:23pm
Whetstone Lane, Birkenhead
by MoretonExpat
6th Mar 2017 8:04am
Forum Tips
Photo Gallery Forums
Birkenhead Transport Museum 24th Feb 2017
fireworks on the Mersey last night
Topic Replies
Boom : New Ferry Explosion
by missmahjong
04:31 PM
What song are you listening to?
by Vanmanone
03:50 PM
Huge Gas Explosion in New Ferry Sat 25/03/17
by venice
01:18 PM
Incident at Westminster
by casper
09:48 AM
Snowhite's Bird Rescue
by diggingdeeper
12:34 AM
33 lions
by granny
12:03 AM
hi
by rocks
11:51 PM
KEYS found
by rocks
11:48 PM
boxed 10 inch tablet for sale
by stumpyduck
07:12 PM
March
M Tu W Th F Sa Su
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Recent Posts : What's On ?
Planet Earth Tonight
by Excoriator
10:31 AM
Lee and Cragg Quarries - Bacup
by Mark
23rd Mar 2017 7:43am
Topic Options
Rate This Topic
#731007 - 6th Oct 2012 1:23pm Claiming off a neighbour
sean Offline
Smartchild

Registered: 26th Jun 2005
Posts: 541
Loc: prenton
Next door has a mahoosive fir tree which is making my garage move and has now developed a split in the brick work from top to bottom. Who is liable for this? i.e. something on their land damaging my property

Thanks

Top
Law & Order : Advertising
Click me for more Information......

* * * Dentwiz : Paintless Dent Repair * * *
Now Advertise with WikiWirral.
WikiWirral stats 35,000 Page Views a Day +500 Search Engines.. Click Me
#731019 - 6th Oct 2012 2:04pm Re: Claiming off a neighbour [Re: sean]
Willo_ Offline
Forum Master

Registered: 5th Jul 2012
Posts: 2518
Loc: Merseyside
Yes, you can indeed sue your neighbour for any damages caused to your property by your neighbour's trees and the costs of removing the roots on your side of the property. You can also apply for an injunction to get them to remove the roots themselves.

Yes, you can recover all additional costs incurred by you whilst pursuing the matter. I would advise you to write a final letter(send by recorded delivery and keep a copy) to them before taking legal action and demand that they take corrective action within a reasonable time otherwise you would start legal proceedings against them and they would then be responsible for all additional costs incurred by you).

Hope this helps.
_________________________
..

Top
#731023 - 6th Oct 2012 2:15pm Re: Claiming off a neighbour [Re: sean]
sean Offline
Smartchild

Registered: 26th Jun 2005
Posts: 541
Loc: prenton
Thanks for the info. I'll have a chat with them first and take it from there

Top
#731026 - 6th Oct 2012 2:54pm Re: Claiming off a neighbour [Re: sean]
venice Offline

Forum Master

Registered: 21st Jul 2011
Posts: 2626
Loc: Wirral
For what its worth - if it were me, I would work with your neighbour to try and get them to remove the tree and make good your garage , without having to resort to surveyors and legal stuff. Once its in the hands of insurers -- even though its only a tree and its removal will hopefully sort the problem , you may well find your property is blighted by being labelled as having had subsidence or similar,or it will be monitored, and you will find you are stuck with your present insurer as no-one else will touch you, and as for when you come to sell, you may find the questionaire by the buyers solicitor will make it necessary for you to declare the work done.Hard to ignore when you have had a professional diagnosis which will be lodged with your insurer andmay state 'subsidence' whether you like it or not. That can be a real turn off for potential purchasers.


Edited by venice (6th Oct 2012 3:05pm)

Top
#731028 - 6th Oct 2012 3:13pm Re: Claiming off a neighbour [Re: sean]
sean Offline
Smartchild

Registered: 26th Jun 2005
Posts: 541
Loc: prenton
I'd rather not go down the angry route if it can be helped, I'll even muck in to help remove it. On a plus side though, the garage is away from the house

Top
#731051 - 6th Oct 2012 5:14pm Re: Claiming off a neighbour [Re: sean]
venice Offline

Forum Master

Registered: 21st Jul 2011
Posts: 2626
Loc: Wirral
Good idea. It helps that the garage is separate from a practical point of view of further problems , but I know from experience it will still be a pain trying to convince an insurer that your garage shouldnt be counted as an integral part of your property for insurance purposes , once you have involved surveyors/legals.Yep, definitely work with your neighbour for a solution. Hope it is amicably resolved.

Top
#731089 - 6th Oct 2012 7:05pm Re: Claiming off a neighbour [Re: sean]
BandyCoot Offline

Forum Veteran

Registered: 7th Dec 2008
Posts: 5349
Loc: Birkenhead
Depends on what kind of human being your neighbour is. I know of a similar where the neighbour is a total shoit and the ructions up to now are about 2 years plus and still counting. Good luck on that one matey.
_________________________
Birkenhead........ God's own Room 101.

Top

Moderator:  Mod 
Random Wirral Images

Click to View Topic.
Newest Topics
KEYS found
by rocks
11:48 PM
hi
by norma67
07:42 PM
Huge Gas Explosion in New Ferry Sat 25/03/17
by Dogwalker59
10:36 AM
Snowhite's Bird Rescue
by diggingdeeper
02:44 AM
Boom : New Ferry Explosion
by diggingdeeper
25th Mar 2017 9:39pm
For Sale & Free
boxed 10 inch tablet for sale
by stumpyduck
07:12 PM
various fly reels and boxes of fly's
by brady
25th Mar 2017 10:48am
Challenge extreme angle grinder used once
by brady
25th Mar 2017 10:43am
White Hyundai I30, 2011 plate For sale, 1.4 petrol
by goodoldphil
24th Mar 2017 6:24pm
I am having a clear out!
by TheComputerLab
24th Mar 2017 4:01pm
Featured Member
Registered: 12th Jun 2011
Posts: 232
Newest Members
norma67, shelleyc1990, Chippy, Onetoughcookie, Monkeyboyliam121
12251 Registered Users
Today's Birthdays
lillypad (70), Tait1969 (48)
New Wirral Info
Planet Earth Tonight
by granny
25th Mar 2017 11:50am
Reclaimed floorboards needed.
by Gold_Moon
25th Mar 2017 10:45am
Has Talktalk been hacked yet again?
by Habdab
24th Mar 2017 10:25am
What does this all mean?
by venice
22nd Mar 2017 12:20pm
black contiboard locally?
by fish5133
21st Mar 2017 9:30pm
News : New Topics
KEYS found
by rocks
11:48 PM
Another Terrorist Attack ? -London Islington
by fish5133
03:03 PM
Huge Gas Explosion in New Ferry Sat 25/03/17
by Dogwalker59
10:36 AM
Boom : New Ferry Explosion
by diggingdeeper
25th Mar 2017 9:39pm
Incident at Westminster
by granny
22nd Mar 2017 3:40pm
New Enthusiast Forums
Snowhite's Bird Rescue
by diggingdeeper
02:44 AM
Offset number plates
by venice
23rd Mar 2017 1:24am
File too large
by Dilly
20th Mar 2017 10:41am
ford focus 1.6 t reg rattling
by Little_B
19th Mar 2017 11:02pm
Alloys refurb and colour change. The Wheel Deal.
by TheComputerLab
18th Mar 2017 9:17am
(Views 24hrs)Trending Newest Topics
KEYS found 42
hi 25
Wirral Sunrise Sunset
Sunrise Mon 6:55am
Sunset Mon 7:39pm
Local Time Mon 7:31pm
WikiWirral Can . . . .