Who is responsible???

[JJ1969]

The boundary garden wall between us and our neighbour is 6ft tall and going to fall over any day.

Next door have a large tree which, as the years have passed has grown and leant against the partioning wall. It is leaning so much I am worried if it falls it could seriously injure my children.

Who is responsible.. The roots have also cracked through my patio.

Thanks in advance x

[Hawkwalk]

If the tree is either causing a danger or damage or is likely to then it should be covered by local coucil legislation. Best thing to do is contact your local authority who will be able to advise you.

[JJ1969]

Super quick reply.. will look into this.. ta mate x

[dancecaller]

Presumably you have talked to your neighbour about it? They would be annoyed if you went to the council without telling them your concerns.
Is the tree near your houses? If so the roots may be causing other damage.

[JJ1969]

We have spoke to the neighbour. We have had problems with them over the last few years. Initially it was rented out as flats with , shall we say undesirable tennants. This has been resolved but the lady who lives there has let the house go to ruin... it looks like a squat. It's a shame, as our house is a wonderful 4 storey Victorian semi.

Anyway, yes the tree is abutt to the wall and I'd guess about 12 feet away from the end of our property.

Can I still call the council, even if it is privately owned?

[Hawkwalk]

yes, still contact them.

[WendyS]

I'm not sure the Council will take action if the tree is on private property. I'm pretty sure it will be the responsibility of the house owner to take the appropriate action and I think you should write formally to the owner, sending the letter by registered mail so you have proof of delivery, expressing your concern about the danger of it falling and injuring somebody and also pointing out that it has damaged your patio. Ask politely to have the tree felled, the wall made safe and the damage to your patio made good. Also state a reasonable date by which you expect the action to have been taken. However, I think it would be polite to talk to your neighbour face to face first and tell them that the letter is coming because you are taking this issue various seriously in case somebody gets injured if the wall falls.

I would imagine that the owner will have some third party liability cover as part of their household insurance which will meet the cost of the claim. However, if the owner fails to provide a satisfactory response, then I think you should consult a solicitor.

[Hawkwalk]

The case may be covered by the Anti Social Behaviour act 2003 which is where the local council can advise.

Some other info on the site below may be useful.

http://www.gardenlaw.co.uk/trees.html

[JJ1969]

Thank you all for your advice.

JJ