Garden wall/ivy damage

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Garden wall/ivy damage

    Hello all, apologies if this has been answered elsewhere but here goes:

    A neighbour's victorian-era garden wall had some ivy on my tennant's side of the wall. Our neighbours were pruning their side and found the wall to be damaged and are pushing me to pay for the repairs.

    A structural engineer was hired to examine the situation. He said that the ivy was helping to pull the top of the wall down but didn't give his opinion on whether this would have happened had the wall been in a good state of repair. The pointing seems rather poor and I am not sure I should be on the hook for the repair costs.

    Any ideas on who is liable for repairs? I can understand the neighbour's view but this is a very old wall. They are not very cooperative and always complain when we try to carry out routine mainentance such as tree pruning of their overhanging branches.

    #2
    Who own's the wall? If this is not clear then I would suggest 50:50 as you both benefit.

    Bear in mind if it is unsafe & causes harm there could be acclaim so you do need to get it fixed - and kill the ivy!

    Comment


      #3
      Thanks

      It's owned by the neighbour (or so we think). The ivy is gone already (we had it cut back by a gardener). Letting agent weren't very proactive telling us it was growing extensively. Still I am convinced that the wall wouldn't have been in peril had it been pointed in the last 200 years

      Comment


        #4
        Originally posted by Berty View Post
        Thanks

        It's owned by the neighbour (or so we think). The ivy is gone already (we had it cut back by a gardener). Letting agent weren't very proactive telling us it was growing extensively. Still I am convinced that the wall wouldn't have been in peril had it been pointed in the last 200 years
        if the wall is owned by the neighbour why do they think you should pay ?

        Comment


          #5
          Because our ivy was allowed to over grow and it's going to be a pain showing that we aren't to blame for the wall buckling

          Comment


            #6
            Sounds like an offer to share costs would be a sensible option BUT insist on seeing the quotes first.

            Comment


              #7
              thank you for taking the time to give your thoughts

              Comment


                #8
                Given the age of the wall they'd have a hard time proving it was your fault. Is there any area that wasn't covered in ivy so you could compare it?

                Comment


                  #9
                  If it's their wall and it's been damaged by your ivy, there is really only one route for them to pursue you to hand over money (other than you being nice neighbours).

                  You have done damage to their property and they want compensation for their loss.
                  For that claim to succeed, they have to show that you either caused it to happen (as in the case where someone drives into a wall and damages it) or were negligent about the cause of the damage, which would be the case here.
                  You would have to owe them a duty of care, which you probably do, the damage would have to be reasonably forseeable (which I sense you dispute) and is limited to the damage that your action or inaction actually caused.

                  Assuming that it's reasonably forseeable that the ivy would damage the wall, you would be liable for the damage since you planted it or allowed it to grow.
                  If it's not reasonably forseeable, you're only liable for the damage since you became aware it was causing the damage.

                  Either way, you're only liable for the damage to the area of the wall caused by the ivy and any claim would have to be adjusted for the period when there was no ivy damage.
                  So for a 200 year old wall, the cost of the damage is going to be fairly small,. even if the damage has happened over the last decade or so.
                  There's 190 years of wear and tear that are nothing to do with the ivy (and presumably a lot of wall that the ivy didn't touch).

                  So perhaps an offer based on the size of the damaged area and the time that the ivy was their burrowing into the mortar?
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Thank you for your very helpful responses

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Been living in my own BTL...
                      by boletus
                      Speak to an independent mortgage broker before doing anything.

                      It's an unintentional mistake.

                      The Hunter blacklist is mainly used to frighten the children.
                      05-12-2021, 16:49 PM
                    • Been living in my own BTL...
                      by eshjie
                      I have only just realized the pickle I have got myself into. And would like some advice.

                      In Jan/Feb 2021 I split up with my long term partner and moved out. My flat (which I lived in originally) which was previously let out to a tennant was empty and so I moved back in as I had nowhere...
                      05-12-2021, 14:57 PM
                    • Reply to Dogs
                      by jpkeates
                      I wouldn't, but it does depend on what type of dog.
                      You should assume your carpets will all need replacing.
                      05-12-2021, 16:21 PM
                    • Dogs
                      by Bridge2020
                      My tenant has asked if he can get a dog. Where do I stand on this ?...
                      05-12-2021, 11:23 AM
                    • Reply to Been living in my own BTL...
                      by jpkeates
                      The lender won't repossess initially.
                      If they're unhappy, they'll "ask" for the mortgage to be repaid, they'll only repossess if you can't repay the mortgage.

                      There's a risk you'll be blacklisted anyway.
                      05-12-2021, 16:16 PM
                    • Reply to STA, Section 8 and Court delays/Christmas
                      by jpkeates
                      Assuming it's an AST (STA's are Scottish)...
                      You don't have to renew the tenancy, just let it become periodic.
                      And, you're right, don't renew it.

                      To repossess, you'll either have to attend court or pay a solicitor to do so on your behalf.

                      If the tenant doesn't owe...
                      05-12-2021, 16:13 PM
                    • STA, Section 8 and Court delays/Christmas
                      by Noisette
                      Hello, I'm hoping to clarify a few points with landlords who've had experience of non-payment of rent and Section 8 notice. Background: We emigrated in 2007. UK house sale fell through, but we've had good tenants under an STA renewed annually since 2012. In summer 2020, they had difficulties paying...
                      05-12-2021, 13:59 PM
                    • Reply to Been living in my own BTL...
                      by eshjie
                      Thanks for the reply. Yeah this sounds like the right thing to do.

                      Thankfully I have enough in investments to pay off this property (flat) otherwise I'd be really panicking. Worse case it they tried to repo i could cash eveything out and pay to keep the property.

                      Really don't...
                      05-12-2021, 16:12 PM
                    • Reply to STA, Section 8 and Court delays/Christmas
                      by theartfullodger
                      Paragraphs.

                      Do you have paperwork from HMRC permitting tenants not to deduct 20% rent for taxman? (Required for non-uk-resident landlords)

                      Think (hope) you mean AST not STA.

                      There's almost always no evictions over Xmas. (Court practice).

                      Have you...
                      05-12-2021, 16:05 PM
                    • Reply to Been living in my own BTL...
                      by theartfullodger
                      They may well already know from the "hunter" system. Strongly suggest you do what we'd all like all agents & tenants to do.Be honest, 'fess up.

                      I'm confident they have the right to repo , more dangerous you might find yourself blacklisted on hunter system and find any remortgage,...
                      05-12-2021, 15:50 PM
                    Working...
                    X