UKTC Archive

Re: displacement of a retaining boundary wall - liability

Subject: Re: displacement of a retaining boundary wall - liability
From: Jerry Ross
Date: Jul 11 2019 08:34:55

On 11/07/2019 08:53, Alastair Durkin wrote:
I would leave that for those qualified to do so to work out and the come in to 
address the tree issues! 😉

You're probably right Alastair, but you're a TO with a legal team at your back. As a jobbing consultant one tries to help one's client as best one can (assuming they deserve help!)  So if one can advise (with suitable caveats about the limits of one's qualifications) that it's not worth spending money on a lawyer as they are likely to lose the case anyway, that seems fair enough. And in this case, it's my (admittedly unqualified opinion) that the lower landowner is on a hiding to nothing: my understanding is that whoever it is that has legal ownership of the wall has the duty of care to maintain it in such a condition that the higher land is prevented from collapsing onto the lower. So if ownership is clearly with the lower landowner, it is they that have the duty to maintain it in a functioning condition. That function is to withstand the forces imposed by the retained land. The difference would come if an additional factor (such as a tree, or perhaps water from a leaking pipe or a pond) is introduced from above that increases those forces...

If your client is the lower landowner, that's the advice I'd give. If it's the upper I'd be more cautious, as getting it wrong could have expensive consequences (if, for instance, the case is deadlocked, the wall collapses and it then turns out that actually the upper owner WAS responsible after all...). But in either case  (especially the latter) I'd give supplementary advice to check with a lawyer!.



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Philip Wilson
Sent: 11 July 2019 06:22
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: displacement of a retaining boundary wall - liability

Whatever the ownership of a retaining boundary wall, am I right in thinking 
that the landowner on the upper side must remedy any trespass caused by an 
outward displacement of the wall?

But what if the wall is owned by the lower landowner, who has allowed the 
wall to fall into disrepair, without any foreseeable predisposing factor 
(such as a boundary tree on the upper land) increasing the lateral thrust on 
the wall?

Philip




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/







--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/