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Neighbours Tree Displaced Tiles on my roof

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  • 15-09-2014 3:25pm
    #1
    Hordak
    Banned (with Prison Access) Posts: 9 ✭


    Hi all,

    I have a shed out the back garden that's fully insulated, wired, damp-proofed, etc.

    The neighbours tree (who backs onto me) has grown and displaced a centre-end tile (the curved top one) on my shed roof, and the downpour of rain a few week ago caused the shed to flood.

    I had no idea what had happened at the time, and even had the damp-proof guys out to take a look - they had to take off the plasterboard, etc, to investigate and deduced the problem was not with their work.

    I only spotted this today when looking out the back window!!

    Who's problem/fault is this? I have had equipment damaged. I have had to replace flooring. I have had to get new plasterboard.

    I do have insurance, but it's not my fault.

    Sorry - I can't post a pic as I'm a new user.


    Thoughts? Thanks.


Comments

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    #2
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    I don't know how the law deals with this but imo as a lay-person I'm not sure if you can pin full blame on the neighbour or not. After all you do have the right to prune and return any branches encroaching on your property without consent of the tree's owner, and it's not as if the tree had a sudden spurt of growth overnight. Basically I'm suggesting you may be at least partially responsible by not taking reasonable precautions to maintain your property.


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    #3
    234
    Registered Users Posts: 1,529 ✭✭✭234


    slimjimmc wrote: »
    I don't know how the law deals with this but imo as a lay-person I'm not sure if you can pin full blame on the neighbour or not. After all you do have the right to prune and return any branches encroaching on your property without consent of the tree's owner, and it's not as if the tree had a sudden spurt of growth overnight. Basically I'm suggesting you may be at least partially responsible by not taking reasonable precautions to maintain your property.

    This falls under the law of nuisance and the OP may well have a good claim. However, as ever, it is not possible to give any kind of definitive answer here, but there is certainly the possibility of a claim.

    The OP should speak to a solicitor.

    The OPs failure to prune back the tree may amount to contributory negligence, but I'm not convinced on the facts given. Again, a solicitor would advise properly.


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    #4
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    234 wrote: »
    This falls under the law of nuisance and the OP may well have a good claim. However, as ever, it is not possible to give any kind of definitive answer here, but there is certainly the possibility of a claim.

    The OP should speak to a solicitor.

    The OPs failure to prune back the tree may amount to contributory negligence, but I'm not convinced on the facts given. Again, a solicitor would advise properly.

    Honest question from a very poor student of torts; can you have contributory negligence in a nuisance claim?

    (Asked with a KI manual not 5 feet away and a complete lack of will power)


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    #5
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Hmm similar circumstance Im aware of,
    Someone I know asked a neighbour to cut back or even remove tree which has grown very large up against a portion of their house,
    The neighbour declined, saying it wont be a problem but the person is concerned it will cause damage. They dont want to create a problem with the neighbour but feel it will eventually come to a head if there is any damage.

    How should they proceed? I think the person should have started cutting back the tree with the view to taking it down, its trunk (and roots) have increased substantially over the years.


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    #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    cerastes wrote: »
    Hmm similar circumstance Im aware of,
    Someone I know asked a neighbour to cut back or even remove tree which has grown very large up against a portion of their house,
    The neighbour declined, saying it wont be a problem but the person is concerned it will cause damage. They dont want to create a problem with the neighbour but feel it will eventually come to a head if there is any damage.

    How should they proceed? I think the person should have started cutting back the tree with the view to taking it down, its trunk (and roots) have increased substantially over the years.

    Are you saying the neighbours tree is touching your friends house?


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    #7
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    ken wrote: »
    Are you saying the neighbours tree is touching your friends house?

    I didnt look over the wall myself, but what Ive been told,its growing right up against it, the trunk has grown such thats its up against the wall. I believe it started out as a small tree, and while its no oak giant, its higher than that section of the house, I cant see how it wont be a problem, especially as they have shrugged it off, could cause damage and wonder now why they declined to do anything, even removing it could cause problems, but I dont think more than leaving continue to grow.


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    #8
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Whats the best way to deal with it?
    Approach them again?
    Will chopping the tree down cause more or some problems?
    Will it be better if the root is left in place, ie the stump or would removing it, remove pressure and potentially cause the wall/foundation to be damaged?


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    #9
    Victor
    Registered Users Posts: 78,278 ✭✭✭✭Victor


    cerastes wrote: »
    Whats the best way to deal with it?
    Approach the neighbour again. If they don't remove it promptly, get a solicitor to write to them.
    Will chopping the tree down cause more or some problems?
    It may cause a (small?) immediate problem ...
    Will it be better if the root is left in place, ie the stump or would removing it, remove pressure and potentially cause the wall/foundation to be damaged?
    ... but in the long run, it would prevent a larger problem, that would likely fundamentally compromise the OP's building. Getting advice from a structural engineer and a tree surgeon may be appropriate.


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    #10
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Victor wrote: »
    Approach the neighbour again. If they don't remove it promptly, get a solicitor to write to them.

    It may cause a (small?) immediate problem ...

    ... but in the long run, it would prevent a larger problem, that would likely fundamentally compromise the OP's building. Getting advice from a structural engineer and a tree surgeon may be appropriate.

    ok, thanks, not a great situation where they have been living beside someone for years. Its not something I would want to recommend they do and it would be a difficult position for the person to be put in if the neighbour declined again.
    It would be a bit unfair if the neighbour still took the same approach, but as they have declined already, its possibly the only route.


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    #11
    Victor
    Registered Users Posts: 78,278 ✭✭✭✭Victor


    cerastes wrote: »
    Its not something I would want to recommend they do

    I wouldn't recommend that the OP have themselves rendered homeless either.

    But it's another level. Talking to the neighbour again would be the first step.


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