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Boundary Wall Damage

  • 02-11-2020 5:51pm
    #1
    GampDub
    Registered Users, Registered Users 2 Posts: 227 ✭✭


    Hi,

    My Boundary Wall is subsiding - there is a tree less than a metre from the wall and it is pretty certain that the Tree or at least the roots of the tree are causing the wall to subside. There is some damage to the footpath too - see attached picture/

    The tree is the responsibility of the local council but they are refusing to acknowledge that the roots are in anyway causing this damage.

    As well as several testimonies from builders/construction workers (Including those who carried out other work on my road on behalf of the council) who all immediately advised the tee was the cause of the damage I have an official report from an qualified Structural Engineers who stated the following finding:

    'The boundary wall to the front of the property has subsided due to excessive foundation movement rotating towards the property. Subsidence/heave has taken place due to cyclical shrinkage and expansion of the clay soils
    and has happened on a seasonal basis over a number of years. Heave has taken place at the public foot path due to swelling of roots in this area and has caused it to lift and shrinkage most likely has occured on the opposite
    side of the wall causing the wall to rotate, on and off on a cyclical basis. The damage to both the path and wall is consequential'

    The council has dismissed all of these and have provide no bacup of evidence for their view on the matter.

    It seems increasing likely that I will need to somehow pursue this matter through legal channels but I am clueless as to what to do if I can/should indeed do anything. Would appreciate any thought or suggestions on:

    - Is legal route and recommended course of action?
    - Should I just seek advise from any local solicitor or is there someone specific type I should be looking at?


    I am aware that I can just fix the wall and be done with it and have thought about that but I don't really pay to fix something that will in all likelihood just re-occur so I just want to get it sorted properly and to do that I need the Council to get on board.

    Appreciate any thoughts or suggestion.

    Thanks


Comments

  • #2
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,712 ✭✭✭Lenar3556


    While the trees rooting system may well be a factor in the subsidence of the wall, it it likely just one contributor. The local authority will suggest that the walls foundation was generally inadequate, and this rather than a tree is the primary causal factor in the excessive settlement.

    Even if it could be proven that the tree roots were squarely responsible for the subsidence, it does not necessarily follow that the local authority would be responsible for the costs of repairing your wall.

    Did they plant the trees? Or were they planted by the developer? Is there any particular negligent act by the LA which you could sight? Is it necessary or proportional that these trees should be removed?
    Is the situation replicated at other houses in the estate with trees outside?

    A local solicitor would be best positioned to advise, but I wouldn’t hold out much hope of a contribution from the local authority.

    When repairing the wall, I would put in an enhanced foundation to guard against any reoccurrence.


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