who removes the rubble?

Wyldwood

Just a general question, if it's ok to ask, not looking for legal advice.

A forty foot section of the party wall between my neighbour's garden and ours was knocked during Ophelia last week followed half an hour later by a huge ash tree from the bottom of my neighbours garden which fell across the remains of the wall. We get on well with the neighbour and she, at her own expense, immediately arranged for the removal of the tree including the crown which was in our garden. We have agreed that the cost of rebuilding the wall will be shared equally, which is fine but my question is who should pay for the removal of all the old blocks from the fallen wall which are all in our garden? Should this be shared also or are we solely responsible for the cost as they are on our property?

the_syco

IMO, check with the builder to see if they'll do it as part of the reconstruction of the wall?

the_pen_turner

not sure if the builder part is relevant . if ye decide to not build the wall back the rouble will still need to be cleared up. surely they own half of it so will have to pay for half.
when you are getting a builder to quote to rebuild the wall tell them to include disposal of the old wall. they wont remove it unless you pay them to .

Victor

Wyldwood wrote: »

A forty foot section of the party wall between my neighbour's garden and ours was knocked during Ophelia last week followed half an hour later by a huge ash tree from the bottom of my neighbours garden which fell across the remains of the wall.

Did you see this sequence of events or is this what the neighbour is telling you? Even in storms, walls don't normally fall. I would suspect either the tree fell first and/or the roots of the tree coming loose upset the wall foundations.

It is possible that the wall was too tall / slender and would have fallen at some stage in the future anyway.

We get on well with the neighbour and she, at her own expense, immediately arranged for the removal of the tree including the crown which was in our garden.

As is her responsibility.

We have agreed that the cost of rebuilding the wall will be shared equally,

But who owns the wall? Will insurance cover it?

which is fine but my question is who should pay for the removal of all the old blocks from the fallen wall which are all in our garden?

This is a minor issue and is tied to the responsibility for the wall. It would be normal to get the builder to do it.

Should this be shared also or are we solely responsible for the cost as they are on our property?

It's not down to who's property they fell on, but who originally owned them. If a car crashed into your front garden from the public road, you wouldn't suddenly be responsible for removing it, would you?

Can some of the blocks be reused (condition dependent)?

Get at least three quotes for the work, including everything that needs to be done, with at least one of the quotes coming from a builder you select. That may include new foundations. Make sure all details are agreed beforehand.

Sue Pa Key Pa

Victor wrote:

But who owns the wall? Will insurance cover it?

Most comprehensive household policies will cover storm damage to walls (not gates or fences). You need an answer to your original question over ownership / responsibility to see whose policy pays for it. Probably will end up being shared

Wyldwood

The wall fell first and the tree fell a little while later. The tree was a separate incident to the wall and came from the opposite side of my neighbours garden and was carried across to my garden by the strength of Ophelia. We watched the whole thing happening.

The wall has been standing for over 30 years, it's single block 2mtr high. The wall itself is about 60 feet long and only the middle section fell, including a pillar in the centre of this section.


I'll get some quotes and ask for the removal of the old blocks (most of which are broken now) to be included. Just wasn't sure of the legal situation regarding rubble.

Thanks for the advice.

Victor

Victor wrote: »

Even in storms, walls don't normally fall. I would suspect either the tree fell first and/or the roots of the tree coming loose upset the wall foundations.

It is possible that the wall was too tall / slender and would have fallen at some stage in the future anyway.

As is her responsibility.

But who owns the wall? Will insurance cover it?

We had a boundary wall fall during Orphelia. No tree involved. Ourselves and neighbors agreed to pay 50% each of costs, new wall and removal of old bricks.

Normally the builders of the wall would remove the old bricks

cobham

I had a wall 'wobble' in Hurricane Charley so decided to replace dodgy section of about 25 ft. The piers were on my side of the boundary so technically 'my' wall so at my expense. The builder chap commented on the quality of the old blocks compared to new but could not reuse them. In the end they were neatly stacked to front of house and I advertised them as 'free' to come take away. I was pleased to see them go over a two week period and a variety of reasons gives that people wanted just a few blocks eg to put in base for shed or foundation for path.

Pat Mustard

EDIT: Thread reopened but there cannot be any legal advice given here. Practical suggestions only.

Claw Hammer

Removal of the rubble is clearly part of the reinstatement. As everything is being shared equally the same should happen with the rubble.

NUTLEY BOY

Sue Pa Key Pa wrote: »

Most comprehensive household policies will cover storm damage to walls (not gates or fences). You need an answer to your original question over ownership / responsibility to see whose policy pays for it. Probably will end up being shared

Not legal advice just some observations on general principles.

I see no mention of whether or not the tree that fell was defective.

If it was defective the household insurers might get snooty if the householder has negated their subrogation rights by agreeing to share 50/50 now.

It is a party wall so each side pays 50% anyhow. However, in relation to the 50% loss suffered by the neighbour upon whose property the tree fell due to the neighbour's negligence is there not a right to pursue recovery for the quantum of that 50% ? Put another way, OP is liable for 50% because it is a party wall but is he not entitled to seek recovery on the basis that his liability and associated losses were incurred due to another's fault ?

If the tree is not defective it is a straight 50/50 split and that includes the rubble.

Victor

NUTLEY BOY wrote: »

It is a party wall so each side pays 50% anyhow. However, in relation to the 50% loss suffered by the neighbour upon whose property the tree fell due to the neighbour's negligence is there not a right to pursue recovery for the quantum of that 50% ? Put another way, OP is liable for 50% because it is a party wall but is he not entitled to seek recovery on the basis that his liability and associated losses were incurred due to another's fault ?

OP clarifies wall was seen to fall before tree.

NUTLEY BOY

Victor wrote: »

OP clarifies wall was seen to fall before tree.

I must have misread the instructions !

I read the OP to mean that it was the wall first and the tree second but that the tree actually then landed on to that part of the wall that did not fall in round one. That is the scenario I was thinking of.