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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A shared ownership boundary wall has been substantially damaged

Resolved Question:

A shared ownership boundary wall has been substantially damaged by vegetation including extensive ivy, trees and tree trunks all of which are on my neighbour's side. On cutting back the Ivy, the full damage was revealed - work had to be stopped owing to the dangerous condition of the wall.the cutting back of the Ivy on my side was arranged by my neighbours agents( they rent the property) at my request. It is undisputed that the vegetation is the cause of the wall's condition. But I've now received a request to pay half of the cost of the cutting down of the vegetation, including that which remains to be done, and for the dismantling and rebuilding of the wall. In view of the fact that none of the vegetation emanates from my side, surely the cost of repairing the damage it has caused , plus the removal cost of said vegetation,should be borne by my neighbour? Please let me know your thoughts. Very many thanks, ***** *****
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Angela my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what the cost of repair is?

Customer: Two estimates: 1) : £8145 - to include removal of existing Ivy and other vegetation - NB all on my neighbours side, except for where their Ivy has overgrown so much that it hangs over my side.
Customer: 2) : £2690 to include removal of all foliage and dismantling of damaged parts of wall and repair/ rebuild using existing bricks etc where possible.
Customer: Thank so much for your help. Kind regards, ***** *****
Customer: <span class="JA_chatMessage"Customersays:5:37 PMTwo estimates: 1) : £8145 - to include removal of existing Ivy and other vegetation - NB all on my neighbours side, except for where their Ivy has overgrown so much that it hangs over my side.5:40 PM2) : £2690 to include removal of all foliage and dismantling of damaged parts of wall and repair/ rebuild using existing bricks etc where possible.
Customer: That was two different estimates - sorry if I was unclear. The first one includes complete rebuild to wall.
Customer: Actually, trying to do this in a hurry - many apologies - first estimate of £8145 is to replace wall with fence. He estimates approximate cost of £10, 000 to replace with a wall? Sorry not to get it right in my earlier reply.
Alex Watts :

I agree with you. Notwithstanding that it says you are liable for the costs clearly your neighbour has been negligent in allowing this vegitation to grow like this.

Alex Watts :

Put it this way, had it not been for the vegitation, this work would not be required.

Alex Watts :

Why therefore should you be liable for those costs?

Alex Watts :

On this basis Angela I do not think you should be liable for negligent actions for which you are not responsible

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Not at the moment , thank you. It's a relief to know that my initial thoughts are probably correct. I'm in the process of responding to their agent with my views and will await their response. I hope I may come back to you if necessary.
Customer: A huge thanks for your advice,
Customer: Kind regards, ***** *****
Alex Watts :

Happy to help Angie

Alex Watts :

If this does answer your question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

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