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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4648
Experience:  Solicitor
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My property backs onto a Brickyard and this is where the

Customer Question

My property backs onto a Brickyard and this is where the deliveries of sand and shingle is stored.At the bottom of my garden I have a brick wall in front of that I have 2 30 foot trees and a large shed I have noticed that the brick wall is now bowed and has been forced onto my trees and in turn one of them is now pushing my shed forward and my fence posts are being forced over and some of my fence panels are becoming detached. I keep having visions of getting up one morning to find my trees pushed over and causing lots of damage. I don't know what to do or who to talk to about this
Submitted: 11 months ago.
Category: Property Law
Expert:  Jamie-Law replied 11 months ago.

hello my name is ***** ***** I will help you.

Whose is the wall? Whose are the Trees?

Customer: replied 11 months ago.
my trees not sure about the wall my I think
Expert:  Jamie-Law replied 11 months ago.

Ok. If your trees are causing the issue then you would be liable.

This is because you have control and they emanate from your property. If it causes damage to the wall and that wall does not belong to you, then you would be liable.

If you own the wall and this is damaged and causes damage to something else then you would be liable.

You need a tree surgeon to come out and advise what to do. In short if your trees are causing damage to someone else's property or causes injury you sre liable.

They may be able to prune them back or offer some other advice.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
Are you saying that the weight of all the tons of sand and shingle that is being delivered twice daily to the brickyard and being dropped by lorry up against this brick wall and forcing it over towards my property and onto my trees is my responsibility .
Expert:  Jamie-Law replied 11 months ago.

For that you would need a professional survey to determine to what extent, if any this has.

It the answer is none then you are liable. If the answer is some or all then you will not be liable.

Can I clairfy anything for you about this today please?