How much will it all cost to put right?
Was the wall falling down before?
The wall had been damaged by the tree roots and was in danger of falling down. This was one of the reasons the tree was felled. newlon have replied today after I wrote to the Chairman of the board.
They agree to arrange for the wall to be rebuilt, but they are asking my son to contribute 800 pounds to the cost, which he can't afford. They say this is because they want to restore it to a better quality than the previous wall. However, had their tree not ruined the wall in the first place, it would not need to be replaced.
legally, are they liable for the whole cost after first weakening the wall and then demolishing it completely. Also do they need to compensate my son for the loss of his garden for the last two years?
What condition was the wall in before this incident and before the treeroots started to damage it? It appears that it was fine.
If that is the case, they are liable for the whole cost of the wall.
The situation would be different if the wall (tree roots apart) was in poorcondition before the tree damaged it.
In the wall is built to a better state than it was before the roots (itdidn't need any attention) then they cannot claim any betterment.
If the wall had been falling down already and the tree roots and the treefalling simply helped it on its way they would only be responsible for a smallproportion of the cost.
There is a claim for loss of amenity in the garden but it is not worth alot of money, probably a few hundred pounds.
However your son is also under a duty to mitigate his loss by dealing withthis himself and it is unlikely therefore that he could claim the loss of usefor two years. It has not helped his claim for loss of use, the fact that hehas been waiting for the other side to do it rather than taking a proactiverole in doing it himself and then suing them.
Can I help further?
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