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Neighbour damaged boundary wall - council wants me to go 50/50

156 replies

TheNefariousOrange · 27/10/2022 11:15

The boundary wall between me and the neighbour is shared. My house is privately owned but the neighbour is in council. Neighbour had a cherry tree and decided to chop it down themselves, as a result, it tipped and damaged the wall. The wall is in a bad state and now and the council wants me to pay half of it. My argument is that the neighbour shouldn't have chopped down the tree, but where do I stand?

OP posts:
TheNefariousOrange · 14/01/2024 21:13

I also don't understand how a report done last month, coming up to 5 years after the incident, can tell whether weakening was there before the tree incident.

OP posts:
katmarie · 14/01/2024 21:44

Did the fencing company get any pictures by any chance? Some companies will do before and after pics for social media/marketing. I would get in touch with them and see what they might have to strengthen your case.

Sodndashitall · 14/01/2024 21:50

Just say no thanks! You have a fence and no obligation to repair given you didn't cause the damage!

petticuliar · 14/01/2024 22:18

TizerorFizz · 14/01/2024 21:01

@petticuliar Says who? Have we seen a pix of all of it?

What are you referring to?

PinotPony · 16/01/2024 20:22

At the risk of stating the obvious, your solicitor will have a record of their communication with the council. If it was a letter or email, there would be a copy in your file. If it was a telephone call, the solicitor would have made an attendance note with details of who they spoke to and the date and time.

Ask your former solicitor for a copy of the correspondence or attendance note and forward that document to the council.

TizerorFizz · 16/01/2024 23:51

@petticuliar We haven’t seen a picture of the whole wall or the damage to it. My DH is a structural engineer and could give a view on whether it’s built properly or not. If it’s in a state of disrepair it might need rebuilding.

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