Forced Into A Position Of Liability For Future Civil Damages

[jonwilkie]

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?

[cassa333]

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.

[Peter Pedant]

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.inbrief.co.uk/neighbour-disputes/damage-caused-by-roots/

[woofgang]

are you sure that you jointly own the wall?

[EDDIE51]

Removing the trees will increase the value of the property not decrease it.
You are liable for the damage the roots cause, get rid of them!