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The Right to Full & Final Settlement Payout from LA


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Any information to help would be greatly appreciated.

 

Basically I have a tree outside my house and the roots have pushed my front garden wall back, to the point where it could potentially fall over. After submitting my claim to the LA they have written back to me with this:

 

We confirm that we have no objections to works commencing in accordance with the estimate provided by Mem’s Building Contractors. Having consideration to the considerable age of the existing front garden wall, the inadequate foundation and the considerable betterment that will be achieved in having the works carried out, the Council would be willing to contribute the sum of £2,150 towards the cost of the works. Please confirm to us the date the works are due to commence and the area excavated exposing any roots from our tree found underneath, so that we may arrange to visit the site at that time.

 

I wrote back asking for the above amount to be sent to me in full & final settlement, which they are not prepared to do. They want to see the front wall excavated and perhaps even the new wall erected before they send me out a cheque.

 

Is this correct?

 

What if (and we are 100% this is not the case) they make us excavate and then say they cannot see the tree roots and refuse to pay? Not many builders will start a job like this without some payment up front, which I am not prepared to do.

 

I even suggested they dig up the pavement (which also needs to be replaced) so they did they own excavating on their own land to determine the cause, but they refused.

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  • 1 month later...

If the pavement outside is highway they have a stat duty to maintain this so make a formal complaint about the state of the highway

sec 56

56 Proceedings for an order to repair highway.

 

(1)A person (“the complainant”) who alleges that a way or bridge—

(a)is a highway maintainable at the public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription, and

(b)is out of repair,

may serve a notice on the highway authority or other person alleged to be liable to maintain the way or bridge (“ the respondent”) requiring the respondent to state whether he admits that the way or bridge is a highway and that he is liable to maintain it.

(2)If, within 1 month from the date of service on him of a notice under subsection (1) above, the respondent does not serve on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may apply to the Crown Court for an order requiring the respondent, if the court finds that the way or bridge is a highway which the respondent is liable to maintain and is out of repair, to put it in proper repair within such reasonable period as may be specified in the order.

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