Tree damage - solicitor recommendation

[laurastar]

We strongly suspect a council owned tree, on the pavement in front of our house, is causing damage to our front boundary wall. The problem has been worsening over the past year and the wall is close to collapse. We have obtained a surveyors report which indicates the cause of the damage to our boundary wall (and that of a neighbour?s to our left) is very likely the tree and its unrestricted growth over the past 3 years (it has not been pruned or maintained during that time).

The council have refuted our claim in initial correspondence (they say the removal of another neighbour?s front boundary hedge two years ago has caused the issue, but have provided no surveyor?s report or other evidence....) and do not propose to take any further action (which includes maintenance to /planing of the tree). We are also not covered by our home insurance to progress a claim via them since the boundary wall apparently does NOT form part of the insured property as defined under the policy.

We would like to obtain some legal advice to work out how/if we can progress this further. The cost of repairing the front wall is one thing. Our main worry is the council?s ongoing lack of maintenance to the tree - which we fear could result in further damage to the wall and (worryingly) the house.

Can anyone help?

Does anyone have any recommendations for decent solicitors with expertise in this area?

[Abe_froeman]

Presumably when the builders pull the wall up anyway, they they will have to cut through the tree roots that are causing the issue , thus killing the tree?

[KidKruger]

Remove a wall. Dig out the foundations. Dig down until you find the tree roots going under your wall towards your house.

Take photos for evidence. Then provide to the council as part of your claim.

[Jules-and-Boo]

What would you claim for? Cost of new wall?

What outcome do you really want?

You could just pay to get the tree pruned and save money and stress. That would be a hellish fight with the council

Gardner-Leader solicitors have been very good.

[intexasatthe moment]

I tend to agree with J&B ,a world of pain trying to get the council to engage .

Having said that ,it might clarify things for you to post on https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4

[KidKruger]

https://www.eastdulwichforum.co.uk/forum/read.php?5,2177433,2177751#msg-2177751

My next door neighbour had same issue. He sorted it.

[Pugwash]

Many years ago my neighbours had subsidence which was traced back to the large tree in front of their house. The insurance company took on Southwark Council and got part of their costs back. We heard that Southwark was rapped over the knuckles for not maintaining trees in their streets and that they were obliged to do more regular and stringent tree maintenance to reduce the number of claims which were being made against them.

[laurastar]

Thank you all for some very good suggestions! All noted.

To answer the poster who asked - really our main aim is to get the tree growth managed/restricted so that the tree can do no further damage... It is not necessarily to recoup any costs (we could just about fund the rebuilding of the front wall ourselves, which would be a bit galling but so be it if necessary...)

I?ll check out the other thread, too.

These street trees are beautiful BUT it is such a shame the council 1) seems to have planted inappropriate trees, in places, and/or 2) hasn?t maintained them as it should.

[intexasatthe moment]

I think many of our street trees were planted decades ago .And I know that local authorities have had large cuts in revenue ( 60p in the ? ) from central gov over the last 8 years .Spending has had to be prioritised with social care coming before tree maintenance .