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Neighbour's tree is pushing their wall over into the alleyway at the back of our terraced houses.

11 replies

Mxflamingnoravera · 15/02/2021 17:55

I live in a mid terraced house. Our neighbour at the rear has a large sycamore tree that obscures our light, fills our gardens with seeds and leaves and most importantly, is pushing over the wall enclosing the rear neighbour's garden. There is an alleyway at the rear of the terrace which provides access to the houses on my street but not to the rear of the property where the wall damage is ocurring. The wall backs onto the alleyway.

I and my street neighbours use the alleyway as rear access to our properties and are increasingly worried that the huge tree is pushing over the heavy stone wall (6ft high) into the alleyway and at some point will fall into the alleyway.

We have asked the neighbour to do something about the tree and she denies that the tree is causing a danger. We can see that there is a huge bulge in the wall where the tree trunk is pushing it. We are worried for our safety first and foremost and would also like the tree gone for light and to stop the leaves and sycamore seedlings that flood our gardens.

In past years we have compromised on sharing the costs of lopping the tree for light but the wall is looking more and more dangerous and the tree owner refuses to accept that it is dangerous. What recourses do we have to force a tree felling and wall rebuilding?

The alleyway is not owned by any of us, it does not provide access to the tree owner's property, only to the houses behind the tree owner's property.

OP posts:
WaveOverMe · 15/02/2021 17:59

I presume the council owns the alleyway? Its not uncommon for walls to collapse on an alleyway. I'd get in touch with your local councillor to raise a concern and see how they can assist with this.

Mxflamingnoravera · 15/02/2021 18:51

The alleyway does not appear to be owned by anyone. The deeds don't even show it. We have erected a gate at the end of it and the council does not maintain it in any way. We pay ground rent so I wonder if the ground rent company own it?

OP posts:
biddybird · 15/02/2021 20:20

We pay ground rent so I wonder if the ground rent company own it?

Yes, or they are the agents for the owner.

Mxflamingnoravera · 16/02/2021 16:52

I have discovered that the deeds to our houses do not show an alleyway and the boundaries of our gardens are the wall of the rear neighbours properties. Does this mean that we share duty of care for the wall and so can take action ourselves to sort out the bowed wall?
My next door neighbour is the one most concerned about the wall as she uses the alleyway as access to visitors during covid so they dont have to go through her house to visit and can access the garden. I am more concerned about the light, leaves and mess caused by the tree but she seems to want me to sort out the wall thing and has suggested that I talk to another rear neighbour about the damage to their wall. She refuses to go in with me on the cost of having the overhanging branches removed and wants to concentrate on the wall.

I think I will get a tree surgeon to quote for the removal of the overhang (and to cut the whole tree down- but the backdoor neighbour will not agree to this) myself and get my issues sorted and if the next door neighbour wants to pursue the wall issue, she can do that herself.

I dont want to be landed with the costs of replacing or repairing the wall, I have my own boundary wall onto the alleyway and do not consider the alley to be mine, if I were to take the beleif that it was mine, I would extend my garden the extra three feet to the back boundary wall and get the extra space. But that would cut off access to the alleyway to my NDN. I don't want to be difficult, I just want the tree leaves gone and the light in my south facing garden.

OP posts:
CasperGutman · 16/02/2021 22:21

Honestly, I'd probably ignore it. The probability of anybody being in the alleyway to be injured if the wall eventually collapses is surely minimal. You've flagged it up to the neighbours, so if they're not bothered I'd just let them carry on the way they see fit.

CoronaIsWatching · 16/02/2021 22:46

Just use your front door and forget about it

Pinotpleasure · 16/02/2021 23:34

Do you have a legal helpline as part of your property insurance?

If you do, it may be worth giving them a call and send some photos to them so they can assess the situation.

Mxflamingnoravera · 17/02/2021 10:36

Thanks Pinot good idea, I will do that!

OP posts:
LIZS · 17/02/2021 10:41

Presumably each property has a section of the boundary/alley. Do the deeds show any easement for access across each others' properties. That may still not clarify who is responsible for the wall itself though. Diagram?

Mxflamingnoravera · 19/02/2021 22:29

I'll do a diagram later, tree surgeon cam yesterday. Says as it's a tree on a boundary BSN has a duty of care to ensure it's safe...

OP posts:
Bimblybomeyelash · 19/02/2021 22:55

I don’t think that you are really concerned about the safety aspect, just about the shade and leaves from any tree that was there when you bought the house!

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