How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

we own a boundary wall to the rear of our property which collapsed

Resolved Question:

we own a boundary wall to the rear of our property which collapsed into the garden of our neighbour. we have it in writing from a chartered surveyor (copy of the correspondence went also to the neighbour) that a large tree planted by the neighbour some years ago is the main contributor to collapse of wall. My husband is also a surveyor and had mentioned to the neighbour that he felt the tree was the reason for collapse but for obvious reasons felt the need to employ a third party surveyor. the neighbour is now saying that we must arrange removal of tree if we want it down. we live in a conservation area by the way so whoever removes the tree will have to apply for permission.
my queries are who legally should (a) pay for rebuilding of wall and (b) arrange and pay for removal of tree
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.


Is the tree covered by the
conservation order or a tree preservation order or is it "substantial"?
Regardless, it does not affect the following answer:

If the neighbour planted it is
close to the wall that it caused damage than the neighbour is responsible for
rebuilding the wall and for removal of the tree. It really is as simple as that



Can I help further?





Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.



Stuart J and other Law Specialists are ready to help you