WikiWirral 14yrs online 24/7 365 days a year.
Forum Stats
12450 Members
65 Forums
73744 Topics
996716 Posts
65 posts in the last 24hrs
Max Online: 7831 @ 8th Apr 2013 4:18pm
Who's Online - Click Me
74 registered (4436789, 14 invisible), 1184 Guests and 247 Spiders online.
Key: Admin, Global Mod, Mod
Social Media : Follow Us


(Views 7days)This Weeks Most Read
Insecure sites. 571
Games for children 384
What is your Daily Exercise ? 370
Is this crime against humanity 324
Wanted Wii consul 239
Travelling Bus and Train Which Tickets? 213
Replacement Key Fob casing 205
Anyone read this ? 191
Taltalk Broadband Dying 178
Charity fishing match 153
New General Forums
Telephone Caller Alert - they are NOT BT BROADBAND
by Laraine
Yesterday at 06:04 PM
Are you a Mathematician ?
by granny
15th Nov 2017 8:59am
Poor Bruce
by diggingdeeper
15th Nov 2017 1:15am
Charity fishing match
by paul110180
14th Nov 2017 8:03pm
New Wirral History
Downloadable oldwirral pdfs
by derekdwc
9th Oct 2017 12:26pm
Forum Tips
Photo Gallery Forums
clipper yachts arriving for round the world race
Azamara,silouette and balmoral this mornig
Topic Replies
John Lewis advert
by buddy
Today at 12:01 PM
Fitting bathroom lights need help
by Excoriator
Today at 11:39 AM
Downloadable oldwirral pdfs
by bert1
Today at 07:45 AM
Games for children
by venice
Today at 01:55 AM
DIY advice needed
by yr20405
Yesterday at 11:23 PM
Charity fishing match
by paul110180
Yesterday at 09:29 PM
where to get cheap carpet
by venice
Yesterday at 09:27 PM
Charity fishing match
by paul110180
Yesterday at 09:25 PM
What song are you listening to?
by Dilly
Yesterday at 07:42 PM
November
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
Recent Posts : What's On ?
The Lanterns at Chester Zoo
by granny
16th Nov 2017 1:05pm
bonfire night
by snowhite
3rd Nov 2017 5:40pm
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
Google Ads
#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: 2975
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: 2975
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: 5368
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
Fitting bathroom lights need help
by yr20405
Yesterday at 11:29 PM
Charity fishing match
by paul110180
Yesterday at 09:29 PM
Games for children
by granny
Yesterday at 01:35 AM
Are there any doctors or nurses on here.
by granny
16th Nov 2017 11:52pm
Bath Lifts
by locomotive
16th Nov 2017 6:22pm
For Sale & Free
where to get cheap carpet
by mickturner
Yesterday at 04:24 PM
White radiator single panel 1400 x 600 - good cond
by gerrymoore
16th Nov 2017 9:16am
Samsung Galaxy S7 Titanium Silver + Extras
by j_demo
15th Nov 2017 7:29pm
Vaping set
by paul110180
15th Nov 2017 2:37pm
Wanted wii consul box
by dodie
15th Nov 2017 12:19pm
Featured Member
Registered: 23rd Oct 2012
Posts: 71
Newest Members
monadrexx, Dipper, DarioLo, JohnG74, kerryanne1980
12450 Registered Users
Today's Birthdays
eggandchips (64)
New Wirral Info
Fitting bathroom lights need help
by yr20405
Yesterday at 11:29 PM
Games for children
by granny
Yesterday at 01:35 AM
Bath Lifts
by locomotive
16th Nov 2017 6:22pm
The Lanterns at Chester Zoo
by granny
16th Nov 2017 1:05pm
Travelling Bus and Train Which Tickets?
by fish5133
15th Nov 2017 5:31pm
News : New Topics
Anyone read this ?
by venice
16th Nov 2017 3:22pm
Is this crime against humanity
by granny
13th Nov 2017 4:04pm
Wedding for Cancer Research !
by Katemargaret
11th Nov 2017 10:38pm
The EU and us.
by Excoriator
11th Nov 2017 8:44am
Police, St Josephs Primary, Woodchurch Road
by diggingdeeper
7th Nov 2017 3:55pm
New Enthusiast Forums
Charity fishing match
by paul110180
Yesterday at 09:29 PM
Are there any doctors or nurses on here.
by granny
16th Nov 2017 11:52pm
Taltalk Broadband Dying
by diggingdeeper
15th Nov 2017 3:40am
Replacement Key Fob casing
by fish5133
14th Nov 2017 7:45pm
Insecure sites.
by venice
13th Nov 2017 3:54pm
(Views 24hrs)Trending Newest Topics
Fitting bathroom lights need help 64
Charity fishing match 28
Telephone Caller Alert - they are NOT BT BROADBAND 22
Wirral Sunrise Sunset
Sunrise Sat 7:44am
Sunset Sat 4:10pm
Local Time Sat 3:58pm
WikiWirral Can . . . .