Boundary Wall damage

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joker247

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My boundary wall has been damaged by a tree/shrubs from my neighbour's side of the property. We have spoken to them several times over the past few years to address the trees as it was causing the wall to lean over. A new tree has grown against our wall and with the recent heavy rains has grown rapidly and completely broken through several panels on the wall. We spoke to them a few times when the tree was still small but was just ignored. I sent a message to the neighbour when I noticed the was was not broken and as usual he said he will look at it but never got back to me. I have tried the friendly neighbourly approach several times which is obviously not working. As much as I am reluctant to go this route I need to protect my property from damage and maintain its value. What steps do I need to follow next to get them to sort out the root cause of the pressure on the wall and to get my wall fixed? What type of lawyer deals with these issues?
 
don't do this ... but ... I know a guy who fixed this kind of problem with a bucket of Roundup, the tree had no chance :cool:

it doesn't fix damage already done of course, but it does prevent any further damage quite effectively
 
I suppose for them to control the tree might cost money. Maybe get quotes and share the money.
 
Property Insurance ? Get them to remove the trees as well. They can claim costs from neighbour if they want to
Not sure if this is an option.

When we had the big storm neighbours tree fell on our complex fence and did damage to one of our units. Apparently the insurance paid for the damage to the roof and fence and removal of the branches.
 
RedViking said:
Property Insurance ? Get them to remove the trees as well. They can claim costs from neighbour if they want to
Not sure if this is an option.

When we had the big storm neighbours tree fell on our complex fence and did damage to one of our units. Apparently the insurance paid for the damage to the roof and fence and removal of the branches.
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It is, but not if tree isn't on your property. They should claim from theirs
 
A property lawyer of course but give the rental housing tribunal a try. Lawyer will consult and send a legal letter. Affordable legal fees but if the neighbour does not respond then its expensive legal action. I would also have a look at the municipal by-laws where you live regarding trees. Do you have property insurance?
 
Lawnchairman said:
A property lawyer of course but give the rental housing tribunal a try. Lawyer will consult and send a legal letter. Affordable legal fees but if the neighbour does not respond then its expensive legal action. I would also have a look at the municipal by-laws where you live regarding trees. Do you have property insurance?
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I claimed through my insurance but they rejected the claim stating damages are being caused by trees on neighbours side but also the assessor finds that they wall is not according to spec as its retaining soil but was not designed to do so. The wall has been in place since the property was build 50 years ago and would obviously had to be in spec and signed off by a building inspector. So they are basically looking for reasons to not pay. I would expect insurance to pay and claim from the third party should the damage be done by someone else to my property.
 
joker247 said:
wall is not according to spec as its retaining soil
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So its a retaining wall then and not a boundary wall, which, according to insurers, are excluded from cover and according to law, must be signed off by an engineer pending height and amount of soil retained, in addition to municipal approval.

The fact that's its 50 years old is irrelevant.

At the cheapest, ask your municipality to send an inspector out. With luck said inspector might see it as a risk due to non-maintenance by your neighbor.

If not, go see a property lawyer and have them send your neighbor a polity letter telling him to get his **** together and warning him of the consequences if he doesn't.
 
Rayne said:
So its a retaining wall then and not a boundary wall, which, according to insurers, are excluded from cover and according to law, must be signed off by an engineer pending height and amount of soil retained, in addition to municipal approval.

The fact that's its 50 years old is irrelevant.

At the cheapest, ask your municipality to send an inspector out. With luck said inspector might see it as a risk due to non-maintenance by your neighbor.

If not, go see a property lawyer and have them send your neighbor a polity letter telling him to get his **** together and warning him of the consequences if he doesn't.
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This is a boundary wall and not a retaining wall. Its a precast cement wall. The two houses are on different levels and I do have a retaining wall around 3 meters away from this wall that was obviously built to cater for the differences in height. The neighbour it appears has been packing soil and garbage against this wall over time already 2 panels higher than the bottom of the first panel. I Its been about 3 months since I informed the neighbour. While he initially agreed to sort the trees nothing has been done since. Each time I remind him he keeps saying he will get back to me. Obviously trying to buy time taking me for an idiot. However the damage to the wall continues to get worse and is in danger of collapsing. As much as I tried to get this resolved amicably and was even prepared to pay for the damaged wall now I have no choice but to follow the legal route to get this sorted. I'm sure he is aware that he is liable for damages to the wall as well. Taking advantage of my good nature will now end up costing a lot more as I need to protect the value of my asset.
 
joker247 said:
The two houses are on different levels
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Shitty situation yes, but now you know what you have to do.

Boundary wall = level both sides
Retaining wall = ground level higher or lower either side.

Many boundary walls can naturally become retaining walls if care is not taken. In my own property I had to do a lot of cleanup due to soil displacement, which was especially bad due to recent coastal floods.

If your neighbor could never be bother to do it then you have only 2 options :
- sue him and hope that gets him to do it
- do it yourself
 
joker247 said:
I claimed through my insurance but they rejected the claim stating damages are being caused by trees on neighbours side but also the assessor finds that they wall is not according to spec as its retaining soil but was not designed to do so. The wall has been in place since the property was build 50 years ago and would obviously had to be in spec and signed off by a building inspector. So they are basically looking for reasons to not pay. I would expect insurance to pay and claim from the third party should the damage be done by someone else to my property.
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Have you checked that the wall is even yours ?
 
@joker247 I would write a letter to the neighbour, you must be all nice and civil but mention that he really needs to fix this wall because of XYZ, mention that it is such a waste of time to go the legal route which will end up costing us both time in court and money. End by saying please can you just sort this out in the next 30 days.

Then wait.... I am sure he will reply.

If not, then go the legal route and this is going to cost you a lot, because you will need a property litigation lawyer. Phone them first and ask what they charge per hour. I would say R2,000 an hour at a thumbsuck. They will probably charge you the R2,000 and send off a letter first to this man. This whole problem may end right there and then so you could be lucky.
 
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