NSW Neighbours trees damaged retaining wall and fence.

[Darryl Moore]

Hello,

My next doors neighbour had 19 conifer trees running along the retaining wall that have damaged the joining retaining wall and fence.

They have since been removed after I brought it to his notice with photo proof, all the trees were removed and roots poisoned.

My concern now is the damage to the retaining wall and fence, the largest tree root is approximately 150mm diameter others smaller, it is a block wall and the wall will need to removed in sections to take out the tree roots to re stabilise the wall.

I would like the retaining wall repaired to a more stable condition as it was previously as protects the soil holding my house and also the fence, it is a colourbond one and has been raised and bent out of shape due to the root problem.

My question is my neighbour also be responsible for the full repair to the retaining wall and fence, as he has already had the trees removed.

My assumption was that if a neighbours trees caused problems that they were financially responsible for any damage.

Thankyou
Darryl

 

[Rod]

You can recover damages, however the neighbours may be able to claim you did not mitigate your damage by notifying them earlier and thereby obtain a 'discount' on claimed damages.

 

[Darryl Moore]

You can recover damages, however the neighbours may be able to claim you did not mitigate your damage by notifying them earlier and thereby obtain a 'discount' on claimed damages.

Thanks for the reply,
I informed the owner ap

You can recover damages, however the neighbours may be able to claim you did not mitigate your damage by notifying them earlier and thereby obtain a 'discount' on claimed damages.

Thanks for the reply,

The current owner has owned the property approximately 18 months and I advised him of the fence and root damage about 11 months ago and he likes the trees for privacy as do we, so we agreed to watch and see,
Then I noticed more damage and informed him with photos which he mentioned that they looked like the original photos.
So I asked for and received approval to dig along the retaining wall with a small garden shovel from the tenant and found tree roots, the largest being as big as 150 mm in diameter going through the wall, that's when the neighbour agreed to remove the trees.
I am glad the trees are down but the retaining wall needs repair along with the boundary fence, I have a path along the fence which has a raised section and a gate which is hard to open and near impossible to close due to the lean of the fence posts

Will my neighbour be accountable for full repairs?

Thanks again

 

[Rod]

May be not a full repair cost as you agreed to a 'watch and see' approach. You can and probably should try for the full amount, just don't expect it.

 

[Darryl Moore]

OK thanks again.