Tree roots - liability should a wall fall!

Edgarscott

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Who is liable for a garden wall falling ? At the rear of my garden there is a is a warehouse , that was surrounded by a fence and leylandii trees which afforded privacy and security. With a change of ownership came a change of mind set and the trees were cut down to stump level with little or no consultation.The roots of the leylandii trees have made the garden wall unstable and it is visibly not straight. The warehouse owner ( now hostile) has offered to assist in building the wall up by buying blocks while we can get a blocklayer ( LoL). My neighbours think this is a great idea.However, should the wall be decapped and even built up , my wall will fall.I am trying to establish who is liable should my wall fall ? Any advice is welcome as I am on the verge of blowing a gasket!!!
 
Thanks I have just checked with insurance company...........it is not covered (lesson1) , they suggested that I get a buildser /surveyor to assess it.....so I will follow that tack.
 
Firstly, as you say the wall is not covered under YOUR insurance policy. Damage to boundary walls is excluded in all house policies, unless there is damage to the main house from the same cause at the same time etc etc - read the policy and exclusions.

I'd be more inclined to consult a solicitor. Your posting is not too clear (at least to me) of the wall (your wall) was built on your property by you or a previous owner. It is not clear if ths is a free standing wall, or a party/party wall of the warehouse. The warehouse was surrounded by a fence and trees. Who owned the fence/trees? Who owns the land that the stumps are now on? If warehouse owner owns the land and the trees, then he probably did not need to consult you before cutting them. Mind you, he should have obtained a tree felling licence if they were big trees and not an immediate danger to health and safety.

The owner of the trees may have a legal liability for damage caused by the roots. This is a legal question though, with the final decision being that of a judge. The only thing is, law is expensive, even very expensive and even prohibitively expensive if you lose the case.

If owner is offering to buy blocks and ye get ye're own labourers to rebuild - what's the problem? Can you not simply agree with him that you will knock yours and have it rebuilt? It will cost you something, but you will have a new wall and cheaper than a court case!
 
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