ASK ROSS: Everyone needs good neighbours, particularly when a problem arises that crosses your boundaries. This month, Ross looks at how to tackle tricky issues with the person next door…
Our eminent residential property expert, Ross Ward, answers your questions about moving home. If you have a query about buying or selling, email marketing@tayloremmet.co.uk
I believe a neighbour’s tree, which is very close to my boundary, is damaging the foundations of my property. Will my neighbour be responsible for the problem?
If the tree’s roots are taking moisture from the soil around your house and causing damage to your foundations, it is likely you will have a claim against your neighbour. Negotiations need to take place without delay to ensure any possible remedial measures can be put in place as quickly as possible.
Firstly, you need to let your insurance company know about the problem and discuss the possibility of employing a structural surveyor to verify the tree is causing the problem and not other soil movement. The surveyor will also be able to confirm whether it would be more appropriate to underpin the building, rather than remove the tree.
If you establish work is required on the tree, it is important to ensure the necessary permissions are obtained. The most obvious is to check with the local council’s planning authority that there is no preservation order in place. It will then be your neighbour’s responsibility to engage a tree surgeon to take the appropriate action following the recommendations of your surveyor.
My neighbour is being difficult about allowing me access to his land to maintain the gable wall of my property, which runs along the boundary. Is there anything I can do?
A solicitor will be able to confirm whether you have any formal rights of access granted in your deeds.
If there are no such rights, you will probably be able to apply for a temporary right of access under the Access to Neighbouring Land Act 1992. This allows you onto another person’s land to renovate or maintain a property, as long as you can show it is either impossible or very difficult to carry out the repairs without the access order being granted.
You may be asked by the court to put up a bond against any damage caused during the course of the repair work and to compensate your neighbour for inconvenience, in addition to any damage caused, by the erection of scaffolding, for example.
I would recommend you speak to a solicitor who will advise you how to make an application if your neighbour is being difficult. Often the threat of court action will be enough to soften any stubbornness.
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