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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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we own a boundary wall to the rear of our property which collapsed

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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

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

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The thread remains open.

Thank you.

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