Re: Tree root damage

The Todal wrote:
"Jim" <studeruk@xxxxxxxxxxxxxx> wrote in message
news:4ma0k4pr3hhp1lhrdf0s9uiitpnlpd31pl@xxxxxxxxxx
We have a problem with a mature horse chestnut tree on the public
highway.

Roots from said tree have caused damage to drains (repaired by ins
company), damage to paving in garden (lifting), damage to lawn (roots
surfacing) and the boundary wall has developed a lean where it passes
over the roots.

The local authority initially denied liability, then offered £200
conditionally in full and final settlement. We comissioned a tree
surgeon report which concluded that all damage was due to tree and
that there was significant chance of structural damage to the
property.

They then offered £300 again in full and final settlement. This was
rejected as estimated cost of repairs plus report is about £1800.

We then instigated a county court claim against the LA. They have now
offered to pay for everything except the wall (their expert
disagrees with ours claiming that the wall footings are inadequate)
and the cost of the report. If we do not accept their offer they say
they will go to fast track to dispute it.

Is this a bluff and bluster response? or is it unlikely we would get
any contribution to the cost of repairing the wall?

They are indeed bluffing, and you should reject their offer and go to
court. Even if the wall footings are inadequate they would have to
persuade a court that without the tree, the wall would have fallen to
bits or needed repair.
Whom are you dealing with - insurers or solicitors?

I'll bet the council legal dept. they are usually not very good, they don't
need to be since they get paid, win or lose.


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